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

United India Insurance Co. Ltd. vs Mangaliya And Ors. on 7 February, 2006

In a Full Bench decision of Kerala High Court in Oriental Insurance Co. Ltd. v. Sivankutty 2006 ACJ 106 (Kerala), it has been held that the liability of the insurance company in damages for third party risks continues for the entire period covered by the policy in spite of the cheque issued towards payment of premium was dishonoured and consequently the policy was cancelled by the insurance company. The remedy of the insurance company lies against the 'insured' to have the amount paid by them by way of compensation for third party risks to be got reimbursed.
Madhya Pradesh High Court Cites 20 - Cited by 0 - P K Jaiswal - Full Document

Smt. Kapori Devi And Ors. And Munna Singh ... vs Bidharam Koli And Ors. on 4 November, 2006

In a Full Bench decision of the Kerala High Court in Oriental Insurance Co. Ltd. v. Sivakutty 2006 ACJ 106, it has been held that the liability of the Insurance Company in damages for third party risks continues for the entire period covered by the policy in spite of the cheque issued towards payment of premium was dishonoured and consequently policy was cancelled by the Insurance Company. The remecdy of the Insurance Company lies against the "insured" to have the amount paid by them byway of compensation for third party risks to be got reimbursed.
Madhya Pradesh High Court Cites 13 - Cited by 0 - P K Jaiswal - Full Document

The New India Assurance Company Limited vs Riyas And Another on 23 June, 2022

Going by the award impugned, the Tribunal relied on the decisions reported in Deddappa & Ors. v. Branch Manager, National Insurance Co. Ltd.'s case (supra) and another decision of this Court reported in [2006 ACJ 106], Oriental Insurance Co. Ltd. v. Sivankutty & Ors.. It was observed by the Tribunal that the company failed to comply with the formalities after dishonour of the cheque and subsequent cancellation of the policy, therefore, the company is M.A.C.A.No.603/2009 7 liable.
Kerala High Court Cites 10 - Cited by 0 - Full Document

The Oriental Insurance Company Limited vs Smt Drakshayanamma on 23 September, 2010

the parties. Full bench of Ke.ralV:a'v--Hi'g..h Courtvvhasjobserved at para 20 of its judgncientt "2Q;" .i\ieit3her" V'-three member decision '._.the. in Irideijit Kauiis nor from the .iprOV'tisi:c?:nSA6ff 'secti,o'ns 1'47'(s') and 149(1) of the Motor '1988 do we get any support to vh'old:.4':th,e'Vyiew that the liability to ._pay ""C0_tnpie.i1sa"tioén" for injuries sustained to i;r'h'irt§__ par"t'ies---~'ceases to exist after the of the policy. The situation is not of an owner of a vehicle not having any insurance at ail for the vehicle as on .. the date of the accident, as is observed by the _ iiiivision Bench of this Court in New India Assurance Co. Ltd., V Raghu, 2002 AC] 217 (Keraia). We, therefore, hold that the decision ¢_---{.\'-'"\...-""_'V of the Division Bench of this court in New India Assurance Co. Ltd, V Raghu (supra) does not . lay down the correct law. The position is that the iiabiiity of Insurance company in damasg__es:'cl for third party risks continues for the entiyrei' period covered by the policyyyin spite"'of:'_the~»:
Karnataka High Court Cites 2 - Cited by 2 - Full Document

Usha Aggarwal vs Parmod Kumar Gupta & Ors. on 27 November, 2013

17. The similar issue came before the High Court of Kerela in the case of Sivankutty and others (Supra) wherein the Court held that the liability of the Insurance Company in damages for third party risks continues for the entire period covered by the policy in spite of the cheque issued towards payment of premium was dishonoured and consequently policy was cancelled by the Insurance Company. The remedy of the Insurance Company lies against the "insured" to have the amount paid by them by way of compensation for third party risks to be got reimbursed.
Delhi High Court Cites 8 - Cited by 3 - S K Kait - Full Document

Icici Lombard General Insurance ... vs Smt Usha & Ors on 3 January, 2014

17. The similar issue came before the High Court of Kerela in the case of Oriental Insurance Co. Ltd. Vs. Sivankutty and others 2006 ACJ 106 wherein the Court held that the liability of the Insurance Company in damages for third party risks continues for the entire period covered by the policy in spite of the cheque issued towards payment of premium was dishonoured and consequently policy was cancelled by the Insurance Company. The remedy of the Insurance Company lies against the "insured" to have the amount paid by them by way of compensation for third party risks to be got reimbursed.
Delhi High Court Cites 7 - Cited by 0 - S K Kait - Full Document
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