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Documents citing United India Insurance Co. Ltd vs Laila Ayyub Sayyad And Ors on 20 December, 2016

United Indian Insurance Co. Ltd. ... vs Godabai Kisanrao Shinde And Others on 13 November, 2017

7. Learned counsel for the appellant in support of his submissions relied upon the judicial precedents in the case of National Insurance Col Ltd vs. Prema Devi and others 1, United India Insurance Company Vs. Laila Ayyub Sayyad and others2 United India Insurance Co. ltd. Vs. Anubai Gopichand Thakare and others 3, National Insurance Co Ltd Vs. Rattani and others4 and New India Assurance Company Ltd. Vs. Lilabai Shrimant Missal and others5.
Bombay High Court Cites 15 - Cited by 5 - K K Sonawane - Full Document

The Oriental Insurance Co. Ltd., Thru. ... vs Bajirao Tukaram Wable & 2 Ors on 24 January, 2019

3. Shri Lalit Limaye, learned Counsel for the appellant after referring to the copy of the insurance policy in question submitted that the same was a Kisan Package Policy and the insured vehicle was required to be used only for transporting of agricultural produce. From the spot panchanama it was clear that about six barrels of Kerosene and four cement bags were being transported in the trolley. Referring to Clause 15 of the Insurance Policy, it was submitted that as the trolley was not being used for agricultural purposes, there was breach of the said policy and the Insurance Company could not have been held liable. He placed reliance on the decisions in National Insurance Co. Vs. Laxmi Narain 2007(4) Mh.L.J. 388, Mithilesh and others vs Brijendra Singh Baghel and others 2007 ACJ 10, National Insurance Co. Ltd. v. Chinnamma and others 2004 ACJ 1909, United India Insurance Co. Ltd. vs. Laila Ayyub Sayyad and others 2017 (1) TAC 348 and the judgment dated 21-11-2017 in First Appeal No.980/2004 (Chandrakant S/o Trimbak Pasame vs. Majlasbai w/o Mohanrao Jadhav and others). It was thus submitted that the Insurance ::: Uploaded on - 18/02/2019 ::: Downloaded on - 27/03/2020 05:27:52 ::: fa811.07.odt 4/7 Company was liable to be exonerated from its liability.
Bombay High Court Cites 9 - Cited by 0 - A S Chandurkar - Full Document

Iffco Tokio General Insurance Co. Ltd. ... vs Smt. Durgabai Wd/O Pritam Bhagat And ... on 10 August, 2018

11] The learned counsel for appellant placed reliance upon I (2017) ACC 33 (Bombay) [United India Insurance Company Limited .vs. Laila Ayyub Sayyad and others]. In that case the deceased was sitting on mudguard of offending tractor. He fell down therefrom as a result of rash and negligent driving by driver of tractor. It was held that person whose risk is not covered under the terms of insurance policy cannot be treated as "third party". Insurance Comany cannot be held liable for satisfying the award. ::: Uploaded on - 20/08/2018 ::: Downloaded on - 21/08/2018 23:47:40 ::: FA 436.18.odt 8 12] The facts in the aforesaid case differ from the instant case. In the case in hand the witness from insurance company himself has admitted the contents in the cover note of the policy. Hence, there is no question of disbelieving the said document. Interestingly the insurance company has not examined the person who was author of the said document. In these circumstances, the case put up by the insurance company cannot be believed. 13] The tribunal has considered the case of the claimants in its right perspective. Hence, no interference is called for. The tribunal has rightly considered the aforesaid aspect and has held respondent nos.1 and 2 jointly and severally liable to pay the compensation of Rs.7,16,000/- to the respondents-claimants herein along with interest at the rate of 7% per annum. 14] In the facts and circumstances, the appeal is liable to be dismissed and accordingly dismissed. No order as to costs.
Bombay High Court Cites 6 - Cited by 0 - S Joshi - Full Document
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