Court : Supreme Court of India
Reported in : AIR2008SC2620; 2008(3)AWC3176(SC); (2008)3CompLJ409(SC); III(2008)CPJ6(SC); (2008)8MLJ141(SC); 2008(9)SCALE105; (2008)10SCC626
..... first occur.similar duration clauses are found institute war clause (cargo) and institute strike clause (cargo).13. the marine insurance act, 1963 governs the law relating to marine insurance. section 3 defines marine insurance as under:3. marine insurance defined.--a contract of marine insurance is an agreement whereby the insurer undertakes to indemnify the assured, in the manner and to the extent thereby agreed, against ..... to m/s. ratan chand deep chand.11. as and when the complainants entrusted the consignments to ocl, they made declarations and the insurer issued marine insurance certificates in respect of each consignment. each of these marine insurance certificates specified the particulars of the consignment, and the value thereof and confirmed that the consignment was 'covered against : all risks (icc), ..... by the buyer or non-realisation of the price by the seller, will not be a maritime peril giving rise to a claim against the insurer under a marine insurance policy. when the insured consignments had been delivered to the buyer, it cannot be said that there is a loss of the consignments. the claims were repudiated on ..... of documents produced and arguments, the commission decided the complaints by its common order dated 31.1.2003. the commission held that the complainants held valid marine insurance cargo policies which gave insurance cover against all risks of loss. the bills of lading showed the consignee as 'unto order' and they were endorsed in favour of sun trust bank .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1994Bom209; 1994(4)BomCR297; 1995(2)MhLj127
..... risks in addition or as incidental to such transit, and includes any other risks insured against in marine insurance policies.'the merine insurance act of 1963 which has codified the law relating to marine insurance defines 'marine insurance' in section 3as under:'a contract of marine insurance is an agreement whereby the insurer undertakes to indemnify the assured, in the manner and to the extent thereby agreed, ..... like kind or may be designated by the policy.a reading of the definition of 'marine insurance' contained in the marine insurance act of 1963 and 'marine insurance business' contained in the insurance act of 1938 clearly goes to show that in the insurance act of 1938, the expression 'marine insurance business' has been used in much wider sense to mean the business of effecting ..... the printed and formal parts of the policy. the following observations are pertinent in this connection :'one difficulty which has arisen from time to time in construing marine insurance policies is that of reconciling phrases or sentences which have been written into the document with one or more of its printed terms. this results from the fact ..... documents was objected to by the respondent on the ground that the said documents were insufficiently stamped. according to the respondent, the appropriate stamp duty leviable on a marine insurance policy was the one provided under article 47a of the indian stamp act, 1899 ('the act') and not 50 paisa. similarly it was contended that the appropriate .....Tag this Judgment!
Court : Chennai
Reported in : 2000(1)CTC748; (2000)IIMLJ318
..... or not including warehouse risks or similar risks in addition or as incidental to such transit, and includes any other riskscustomarily included among the risks insured against the marine insurance policies.'12. 'fire insurance business', 'general insurance business' and 'miscellaneous insurance business' are defined under sub section (6-a); sub-section (6-b) and sub section (13-b) of section 2 of the 1938 act. ..... name.15. in a case reported in the goya muzaffurpur roadways company & others v. fort gloster industries limited & another, : air1971cal494 sub-section 2 of section 4 of the marine insurance act, 1963 came up for consideration. in that case the goods were entrusted at calcutta for transport to tata nagar and the goods were in fact transported by lorries. in ..... in that case was to be transported throughout by road and though the cover note issued was printed in the form of marine insurance, yet that itself would not attract the provisions of the marine insurance act as no provisions in the marine insurance act, 1963 to cover such risk was brought to the notice of the court.11. as against this mr.n. ..... is from mettur to bangalore. it does not involve any voyage or even transport on inland water. ex.a.11 is the marine insurance policy. this policy is governed by the marine insurance act, 1963. under theact referred to above the marine insurance policies cannot cover any risk to goods, being the subject matter of transport on land alone. therefore the policy ex.a.11 .....Tag this Judgment!
Court : Mumbai
Reported in : (1968)70BOMLR487; 38CompCas294(Bom)
..... , part v, page 31, dated 19th february, 1944. the objects in the said statement read as under : 'the need for the enactment of provisions corresponding to section 79 of the marine insurance act and for amending section 6(e) of the transfer of property act has also been represented to government. on consideration of the opinions expressed by the provincial governments, high ..... such suit or proceedings and without making him a party thereto. sub-section (1) of section 135a, which provides for assignment of rights under policies of marine insurance also provides that where a policy of marine insurance has been assigned so as to pass the beneficial interest therein, the assignee of the policy is entitled to sue thereon in his own name. the absence ..... 1873, right upto 1906, subrogation was an equitable arrangement incident to all contracts of indemnity and to all payments on account thereof. the doctrine has been discussed in arnould of marine insurance in volume 10 of british shipping laws, 1961 edition. in burnand v. rodocanacdi  7 app. cas. 333 lord blackburn observed at page 339 : 'the general rule of law (and ..... fresh trial to a bench of the small cause court was also dismissed. thereafter the petitioners have filed the present revision application. 3. the doctrine of subrogation in relation to marine insurance was developed in england as a part of the common law. in england it was codified in 1906. the common law doctrine, however, continued to be applicable to india till .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2010(2)SCALE148
..... other into a bargain from his ignorance of the fact, and his believing the contrary.24. section 19 of the marine insurance act, 1963 grants statutory recognition to the above principle. it reads:19. insurance is uberrimae fidei. - a contract of marine insurance is a contract based upon the utmost good faith, and if the utmost good faith be not observed by either ..... case reserve in favour of the shipper any right or interest in the goods so as to constitute an insurable interest within the meaning of section 7 of the marine insurance act, 1963.8. secondly, it was contended that a contract of insurance was based on utmost good faith not only by reason of the general principles governing such contracts but also ..... the act aforementioned.9. section 3 of the marine insurance act, 1963 defines marine insurance to mean an agreement whereby insurer undertakes to indemnify the assured, in the manner and to the extent thereby agreed, against marine losses, that is to say, losses incidental to a marine adventure. section 4 of the act provides that a contract of marine insurance may, by its express terms, or by ..... by reason of section 19 of the marine insurance act, 1963. the shipper had not, however, observed utmost good faith while obtaining the insurance cover from the respondent-insurance company inasmuch as the shipper had taken out an insurance policy from the company on the representation that the goods were being dispatched on cif .....Tag this Judgment!
Court : Kerala
Reported in : AIR1992Ker202
..... toss of membland was due to the latter. the defendant is therefore protected from liability by the exceptions clause in the policy.'36. section 55 of the marine insurance act is a replica of the english marine insurance act, 1906. section 55 reads thus :--'55. included and excluded losses.--(1) subject to the provisions of this act and unless the policy otherwise provides, the ..... by rate or vermin, or for any injury to machinery not proximately caused by maritime perils.'commenting on the above provision of the english act, arnould in his law of marine insurance and average (sixteenth edition, vol. ii), has said that the liability of the underwriter is made a limited liability to indemnify the assured only against a loss caused by the ..... of that word, but are really specific instances of the limits of the cover described generally in section 55(1). again it is said in paragraph 780 that under the marine insurance act, 1906 (english act), the term 'perils of the seas' refers only to fortuitous accidents or casualties of the seas. it does not include the ordinary action of the winds ..... us, are all giving contra-indications, we do not think that the plaintiffs can sustain an action. almost a similar instance has been stated by arnould in the law of marine insurance and average-- sixteenth edn. vol. 2. we feel that is quite appropriate quote the same.'thus, if a cable be chafed by the rocks, or the fluke of an anchor .....Tag this Judgment!
Court : Supreme Court of India
Reported in : I(2007)ACC47; 2007(1)ALLMR(SC)905; 2007(1)CTLJ53(SC); JT2007(1)SC191; 2006(14)SCALE300
..... sub-section (4) of section 78 of the marine insurance act, the insured had a duty to minimize the loss and only in that view of the matter, respondent extended its assistance which cannot be said to ..... exceed their value on arrival.the definition of 'constructive total loss' contained in section 60 is not exhaustive. the opening words of section 60 of the marine insurance act are important.28. in mukesh k. tripathi v. senior division manager, lic and ors. : (2004)iiillj740sc , this court observed:the interpretation clause ..... submitted that the contract came to an end in december, 1988 and, thus, the case would come within the purview of section 60 of the marine insurance act. constructive total loss, it was urged, must be commensurate with actual total loss, but, no case has been made out that it was ..... of respondent, on the other hand, would submit that institute cargo clause (c) contained restrictive clauses. drawing our attention to section 78 of the marine insurance act, he would submit that the division bench of the high court has rightly construed the words 'any peril'. it was submitted that having regard to ..... as issue no. 2(b) is concerned, the learned judge noticed the definition of 'constructive total loss' as contained in section 60 of the marine insurance act, 1963 and opined:there is no 'express provisions' to the contrary in the said policy and as such it cannot be disputed that there .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : I(2003)ACC303; AIR2003AP231; 2003(1)ALD299
..... as will exempt the carrier from liability, but rather a loss by the gross negligence of the party'. (story on bailments, section 512 a.)16. section 2(e) of the marine insurance act, 1963 reads as follows:'maritime perils' means the perils consequent on, or incidental to, the navigation of the sea, that is to say, perils of the sea, fire, war ..... 55 and 56 of the marine insurance act, 1963, the claim made by the respondent/plaintiff is definitely sustainable and the trial court had arrived at the correct conclusion in decreeing the suit. the learned counsel further ..... . narasimha rao, the learned counsel representing the respondent/plaintiff-society had contended that in view of section 2(e) of the marine insurance act, 1963 and also the definition of perils of the sea as specified in the law lexicon and in view of the policy, the terms of the policy under sections ..... the same the appeal has to be allowed straightaway. the learned counsel also had placed strong reliance on the definition of the maritime perils under section 2(e) of the marine insurance act, 1963 and also a decision of the privy council reported in grant smith and company and mc donell limited., air 1919 pc 85.8. on the contrary, sri s .....Tag this Judgment!
Court : Gujarat
Reported in : 49CompCas556(Guj); (1978)0GLR651
..... initially introduced in the transfer of property act in 1944 which were in perimeter with s. 52 and 79 of the marine insurance act and on the introduction of the marine insurance act were repealed. 9. section 52 makes it abundantly clear the marine insurance policy can always be assigned. there is no controversy that such an assignee can institute an action in its own name ..... . this would not lend support to the contention that payment is not a condition precedent. the matter can be looked at from this specific angle that, under the contract of marine insurance, the insurer may on payment either get subrogated or take an assignment which could again be on payment; but it is not possible to hold that the ..... in its own name. where loss claimed by the insured is paid by the insurer as being covered by the policy of insurance, there would not be conflict of interest between the insurer and the insured. but where there is under-insurance or risk is not fully covered and contract of marine insurance being one of indemnity, the insured may be indemnified to the extent of the risk covered ..... . i may now refer to some of the decisions to which may attention was drawn in this case. in british and foreign marine insurance co. v. gaunt  all er 447;  2 ac 41 (hl), it was observed that under s. 78(4), it is the duty of the assured and his agents, .....Tag this Judgment!
Court : Chennai
Reported in : AIR1960Mad484
..... the test is, 'what would a reasonable assured consider material?', but s. 18(2) of the marine insurance act, 1906, adopts the test of the judgment of a prudent insurer and, since marine and non-marine insurances law is identical in this respect, this test may be regarded as the proper one. it is at ..... a matter of expectation or belief'. though arnold (arnold on the law of marine insurance and average 14th edition s. 527) refers to a third class of representations, viz., a mere communication of information received from others; this supposed ..... facts represented either do or will exist, and (ii) a mere declaration of belief or expectation that such facts do or will exist. the marine insurance act, 1906, recognises the above classification by declaring that 'a representation may be either a representation as to a matter of face, or as to ..... triable by our law, but, if the promise be made in england it shall be tried.'in 1601 a special tribunal for the trial of marine insurance cases was established in england. this court, which consisted of the judge of the admiralty, the recorder of london, two doctors of the civil ..... the lombards, merchants of the north of italy, who had established trading companies generally throughout europe, and who appear to have carried the practice of marine insurance wherever they had mercantile dealings. there is ample evidence of its use in the middle ages. the word 'policy' is of italian derivation. at .....Tag this Judgment!