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Documents citing New India Assurance Company Limited vs Shamsed And Anr. on 17 November, 1999

Oriental Insurance Co. Ltd. vs Sivankutty on 8 September, 2005

10. A Division Bench of this Court in New India Assurance Co. Ltd. v. Shamsed (2000 (2) KLT 67) relied on the decision of the Apex Court in Inderjit Kaur's case (referred to supra) and held Insurance Company liable to pay the compensation for injury sustained to third party in an accident that occurred on 27.2.1989 after cancellation of policy on 21.10.1988 for reason of dishonour of cheque issued towards payment of premium but reserving the right of the insurer to recover the amount so paid from the owner of the vehicle involved in the accident.
Kerala High Court Cites 22 - Cited by 11 - K P Balachandran - Full Document

M/S. New India Assurance Company ... vs V. Bommi on 12 June, 2009

In 2001 A.C.J. 585 [New India Assurance Co. Ltd. vs. Shamsed & Others], the accident took place on 27.2.1989. The policy was issued on 5.10.1988 by accepting a cheque, but the cheque was dishonoured on 8.10.1988. The policy was, therefore, cancelled on the date of the accident. In these circumstances, the Kerala High Court held that the rights of the parties had got crystallized and the third parties who are entitled to get the benefit out of the policy were not at all affected by the dishonouring of the cheque and as far as they were concerned, it was a valid policy to their benefit, notwithstanding the fact that the cheque was dishonoured.
Madras High Court Cites 25 - Cited by 8 - P Sridevan - Full Document

Oriental Insurance Company Limited vs A.B. Sivankuty And Ors. on 8 September, 2005

10. A Division Bench of this Court in New India Assurance Co. Ltd. v. Shamsed (supra), relied on the decision of the Apex Court in Inderjit Kaur's case (supra) and held Insurance Company liable to pay the compensation for injury sustained to third party in an accident that occurred on 27.2.1989 after cancellation of policy on 21.10.1988 for reason of dishonour of cheque issued towards payment of premium but reserving the right of the insurer to recover the amount so paid from the owner of the vehicle involved in the accident.
Kerala High Court Cites 21 - Cited by 12 - Full Document

Oriental Insurance Co Ltd vs Kiran Sharma & Ors on 16 March, 2016

8. There is no contest whatsoever by the owner/insured or the driver. While there can be no doubt about the fact that the insurance company cannot claim to be absolved against the third party claim under the insurance policy, its remedies against the insured are still available because it did not receive any premium and, thus, there is no valid contract, there being no consideration in terms of Section 64 VB of the Insurance Act [Oriental Insurance Co. v. Inderjit Kaur 1998 ACJ 123; New India Assurance Company Ltd. v. Rula 2000 ACJ 630 and New India Insurance Co. Ltd. v. Shamsed 2001 ACJ 585].
Delhi High Court Cites 4 - Cited by 0 - R K Gauba - Full Document

United India Insurance Co.Ltd. vs Kiran Kapoor & Ors. on 15 March, 2016

9. While there can be no quarrel with the proposition that in such fact situation the rights of the third parties cannot be defeated, it cannot be said that the insurance company can be burdened with the liability under contract for which it has not received any consideration. The thrust of the judgments in Oriental Insurance Co. v. Inderjit Kaur 1998 ACJ 123; New India Assurance Company Ltd. v. Rula 2000 ACJ 630 and New India Insurance Co. Ltd. v. Shamsed 2001 ACJ 585, which have been referred by the tribunal in the impugned judgment is on protecting rights of the third parties. While the tribunal took correct view by calling upon the insurance company to pay the claim of the third parties, it fell into error by not considering the request for recovery rights.
Delhi High Court Cites 6 - Cited by 0 - R K Gauba - Full Document
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