Court : National Consumer Disputes Redressal Commission NCDRC
Decided on : Mar-09-2012
..... pointed out that this commission, in the case of m/s. harsolia motors v national insurance company ltd. [i (2005) cpj 26 (nc)] has held that a contract of insurance is a contract of indemnity and, therefore, there is no question of commercial purpose in obtaining insurance coverage. it has also been held that the insured could not trade or carry out any .....Tag this Judgment!
Court : UK Supreme Court
Decided on : May-02-2012
..... is an unconvincing basis for a conclusion that the search is for the proximate cause. as i see it, the question in each case, whether under a contract of insurance or under a contract of indemnity, is whether an effective cause of the alleged loss or expense was a peril insured against or an indemnifying event. by reference to devlin j's citation ..... , if the owners were bound to third parties by bills of lading which charterers had required them to issue, the continuation of the voyage under those bill of lading contracts could engage the indemnity under clause 13. lord mance further recognises (to my mind correctly) that if owners were left with no practical option but to carry the cargo to its destination ..... owners were bound to third parties by bills of lading which charterers had required them to issue, the continuation of the voyage under those separate bill of lading contracts could engage the time charter indemnity, and could (despite lord denning mr's contrary dictum on appeal in the tropwind  1 lloyd's rep 232, 237) lead to charterers having to pay ..... not consider this last contention, for i think it is clear that clause 9 is concerned with the proximate cause. it is a contract of indemnity, and i can see no reason for treating it differently from any other contract of insurance. the observations of lord shaw in the ikaria  ac 350, 368 and the dicta he there cites are also in .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-09-2012
..... of equity, both the tribunal has allowed the counter claim which is inconsistent, unconscionable and unreasonable. the petitioner placed reliance on sections 124 and 125 of the contract act. ??124. "contract of indemnity" defined.- a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other ..... contract of indemnity. 125. rights of indemnity-holder when sued.- the promisee in a contract of indemnity, acting within the scope of his authority, is entitled to recover from the promisor- (1) all damages which he may be compelled to pay ..... bringing or defending it, he did not contravene the orders of the promisor, and acted as it would have been prudent for him to act in the absence of any contract of indemnity, or if the promisor authorized him to bring or defend the suit; (3) all sums which he may have paid under the terms of any compromise of any such ..... person, is called a" contract of indemnity".illustration a contractsto indemnify b against the consequences of any proceedings which c may take against b in respect of a certain sum of 200 rupees. this is a .....Tag this Judgment!
Court : Delhi
Decided on : Jan-31-2012
..... at the request of the debtor, becomes entitled to recover from him whatever sums he has rightfully paid under the guarantee, as is provided in section 145, contract act; whereas in the contract of indemnity the indemnifier cannot on the performance of the obligations of the debtor, in the absence of an assignment from the creditor, sue in his own name the debtor ..... of your money. be assure, if there be any trouble, i hold myself responsible. the contentions raised was that on its true interpretation, it could be regarded only as a contract of indemnity and not a guarantee. noting what constituted a guarantee, in paras 4 and 5 of the decision it was held as under:- "4. the person who gives a guarantee ..... the transaction to be effected, apart from the fact that he had agreed to be liable, the contract is one of indemnity. there is nothing to show that sections 124 and 126 give a go- by to this distinction which has been so well recognized in england..3. periamanma marakkayar ..... . and montagu stanley and co. v. j. c. solomon, ltd.  1 k. b. 625, where the contracts between the broker and a person who stood in the position of a sub-broker were in almost similar terms, decided that the contract was one of indemnity and not of guarantee. the test there laid down is where the sub-broker is interested in .....Tag this Judgment!
Court : Kerala
Decided on : Jan-24-2012
..... the dictum. the liability which appears to be undertaken by clause 3 and 4 would appear to be the liability under a contract of indemnity. the company has undertaken to indemnity the driver and clause also provides for the indemnification of the personal representative of such person, who is entitled to ..... the terms exceptions and conditions of this policy in so far as they can apply. reading of clause 3 would mean, subject to the limitation of indemnity, which is granted by virtue of section ii, the insurance company would undertake to indemnify the owner, in case, the vehicle which met with an ..... , conditions and limitations of this policy in so far as they can apply. 5. in the event of the death of any person entitled to indemnity under this policy the company will, in respect of the liability incurred by such person indemnify his personal representatives in the terms of and subject to ..... to reproduce the necessary clauses of section ii, they are clauses 3 and 5. "3. in terms and subject to the limitations of the indemnity which is granted by this section to the insured the company will indemnify any rider who is driving the motor cycle on the insured's order or ..... in the event of death of any person entitled to indemnify under this policy the company will in respect of the liability incurred by such person indemnity his personal representatives in the terms of and subject to the limitations of this policy provided that such personal representatives shall as though there were the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Dec-10-2012
..... . but we are called upon to examine this question on the facts placed before us. the liability to compensation arises from the use of the motor vehicle. the contract of insurance is a contract of indemnity. when in this case, both the tractor with the attached trailer were moving along the road, both the vehicles were used in a public place. the accident ..... .48. agricultural and forestry vehicles and other miscellaneous vehicles with trailers attached - extended cover it is hereby declared and agreed that in consideration of an additional premium of rs .., the indemnity provided by this policy shall apply in respect of any trailer (including agricultural implements such as ploughs, harrows and the like) described in the under noted schedule of trailers as ..... relevant imt provisions are reproduced: imt.30. trailers. ( applicable to private cars only) in consideration of the payment of an additional premium it is hereby understood and agreed that the indemnity granted by this policy shall extend to apply to the trailer (registration no.......) . provided always that - 1. *the idv of such trailer shall be deemed not to exceed * * fao no ..... company in every situation where the insured's vehicle is involved, the benefit that the insurance company could obtain would be only to deny to the insured a right of indemnity and allow for recovery of the claim from the insured. as far as the third parties are concerned, the respondents counsel would argue that they shall be entitled to enforce .....Tag this Judgment!
Court : National Consumer Disputes Redressal Commission NCDRC
Decided on : May-09-2012
..... written submissions as under: (i) dr. gurdeep singh kochhar and dr. kanwaljit kochhar were insured with respondent 4/new india assurance company. the oic had no contract of indemnity in respect of these doctors. (ii) the oic cannot be held liable unless appellant 1/deep nursing home is liable under the terms and conditions of the policy ..... be held liable in the facts and circumstance of the present case. (iv) the new india assurance company has also quoted clause 8.8 of the professional indemnity policy, which reads as under: if at the time of happening of any event resulting into a liability under this policy, there be any other liability insurance ..... be anticipated and, whenever possible, preparations should be made before delivery. general precautions include establishing at least one large-bore intravenous line, ensuring the availability of uterine contraction medications (oxytocin, methylergonovine, prostaglandins) and confirming that appropriate nursing and anesthesia personnel are available and aware of the possibility of postpartum hemorrhage. in selected high-risk patients ..... be excluded. blood and fluid must be replaced as needed. conservative measures for control of bleeding include uterine massage, uterine pressure and administration of medications to stimulate uterine contractions (oxytocin, methylergonovine, prostaglandins). surgery may be necessary to occlude the blood supply to the uterus. if this is not successful, hysterectomy may be required. preventing postpartum .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-20-2012
..... capacity as a regional manger of the owner-company and the vehicle was being driven by the driver. this court observed that a contract of insurance is ordinarily a contract of indemnity and when a car belonging to an owner is insured with the insurance company and it is being driven by a driver employed ..... pertaining to enforcement of its decision to cover the liability of an occupant in a vehicle in a "comprehensive/package policy" regard being had to the contract of insurance.17. at this stage, it is apposite to note that when the decision in bhagyalakshmi (supra) was rendered, a decision of high court ..... decision in regard to coverage of third-party risk which would include all persons including occupants of the vehicle and the insurer having entered into a contract of insurance in relation thereto, we are of the opinion that the matter may require a deeper scrutiny."on a perusal of the aforesaid paragraph, ..... on a scooter would be a third party within the meaning of section 147 of the act, after referring to number of authorities, stated thus:-"the contract of insurance did not cover the owner of the vehicle, certainly not the pillion-rider. the deceased was travelling as a passenger, stricto sensu may ..... the owner of the vehicle or as an employee, he is not covered by the insurance policy taken in terms of the actwithout any special contractsince there is no award under the workmen's compensation act that is required to be satisfied by the insurer. in these circumstances, we hold .....Tag this Judgment!
Court : Kerala
Decided on : Jun-19-2012
..... in the funeral and to perform obsequies as any other dutiful and affectionate son would, ought to be reimbursed to him by the insurance company on the terms of the contract of indemnity which they have entered into with the owner of the vehicle in question. it is not in dispute that the shaji travelled by economy class and that there was .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-19-2012
..... against liability to passengers." such being the position, suffice it is to decide the present case based on the provisions of the motor vehicles act. 27. insurance is a contract of indemnity. where a car belonging to owner is insured with the insurance company and it is being driven by a driver employed by the insured, when it meets with an accident .....Tag this Judgment!