Search Results Page

Search Results

1 - 4 of 4 (1.65 seconds)
Documents citing Oriental Insurance Co. vs K.P. Kapur And Ors. on 5 December, 1996

Future Generally India Insurance ... vs Dr. Shashinath Mahendra Jha on 14 July, 2023

"8.3. Further the claimant should not be permitted to earn profit out of accident which he met. Whatever expenses are incurred, he is entitled to get reimburse but law provides that he can get reimbursement from two sources resulting in undue enrichment. As observed herein above, if the contention on behalf of the original claimant is accepted, in that case, as observed herein above, owner of the vehicle will get more amount then the actual market value / value of the motor car and to that extent the claimant shall earn profit, which is not permissible. Therefore, on the ground of unjust enrichment and / or double benefit the amount of Rs.4,45,000/- which the owner of the Car received from her Insurance Page 28 of 42 Downloaded on : Sat Sep 16 21:34:31 IST 2023 NEUTRAL CITATION C/FA/1615/2023 JUDGMENT DATED: 14/07/2023 undefined Company towards "own damage" to the car is required to be deducted, while awarding the compensation towards damage caused to the motor car from the appellant."
Gujarat High Court Cites 15 - Cited by 0 - G Gopi - Full Document

Smt. Chameli Devi W/O Sh. Hari Chand vs Shri Virender Kumar S/O Sh. Dhan Singh on 14 February, 2008

13. Counsel for the petitioner relied on a case Oriental Insurance Co. vs. K.P. Kapur & Ors. I (1997) ACC 138. In that case total loss of a car insured by the insurance company was caused in accident. The insurance company with which the car was insured paid entire amount of Rs.36,000/­ for which the car was insured because of the total loss of the car. Tribunal also awarded compensation for total loss of the car. Order of the Tribunal was challenged on the ground of double enrichment. The question arose whether Rs.36,000/­ should be deducted from the compensation. Delhi High Court answered it in negative and observed that in collateral matters this principle cannot be invoked for reduction of damages payable to the victim of his tort.
Delhi District Court Cites 5 - Cited by 0 - Full Document

National Insurance Company Ltd vs Jagram & Ors on 10 March, 2016

5. First plea is that Shiv Charan, son of the claimant who appeared as PW2 during the inquiry had admitted that he had received reimbursement of the medical expenditure in the sum of `1,22,200/- from his employer in terms of the health benefit scheme to which he was entitled. The contention of insurance company is that the tribunal had wrongly declined to discount the effect of the said imbursement by placing reliance on Dr. A. C. Mehra vs. Behari Lal & Anr., I (1997) ACC 657, Oriental Insurance Company vs. K. P. Kapur, I (1997) ACC 138 & Raghbir Singh vs. Harbans Kaur & Ors., 1985 ACJ 676.
Delhi High Court Cites 11 - Cited by 0 - R K Gauba - Full Document
1