Search Results Page

Search Results

1 - 10 of 24 (0.72 seconds)
Documents citing United India Insurance Company Ltd. vs Jaimy on 12 November, 1997

National Insurance Co. Ltd. Through ... vs Sri Suash Chandr (Since Deceased) ... on 10 October, 2007

In United India Insurance Co. Ltd. v. Jaimy 1998 ACJ 1318 (Ker) it is stated: (ACJ pp. 1324-25, paras 19-22) Section 149(2) relates to the liability of the insurer and speaks of a situation in regard to which no sum shall be payable by an insurer in respect of any judgment or award. In the context it is provided that an insurer to whom notice of bringing of any such proceeding is given could defend the action stated in the said statutory provision. The contention in the context would be found in Section 149(2)(a) in the even of a breach of a specified condition of the policy enabling the insurer to avoid liability in regard thereto. In the process in regard to the right of the insurer to recover the amount from the insurer, it would have to be seen by referred to Section 149(4) as to under what circumstances this can be successfully recovered from the insured.
Uttarakhand High Court Cites 12 - Cited by 0 - R Tandon - Full Document

Parvathamma vs Nanjundaswamy on 17 January, 2022

In view of the principles held in the above decision, even though there is a statutory violation of policy conditions by the insured of the offending vehicle then also in view of policy and indemnify made by the insurer is liable to pay compensation to the third party claims under the provisions of Motor Vehicles Act at the first instant. In the present case, the deceased was a pillion rider and died in the alleged accident and he comes as third party to the insurer and the petitioners are legal heirs of the deceased.
Bangalore District Court Cites 19 - Cited by 0 - Full Document

Alias vs Paul on 26 May, 2003

In this connection we also refer to the Division Bench decisions of this Court in Oriental Insurance Co. Ltd. v. Usha (1996 (1) KLT 393); United India Insurance Company Ltd. v. Jaimy (1998 (1) KLT 90) and in Oriental Insurance Co. Ltd. v. Narayanan (2001 (2) KLT 714). However, the insurance company will be entitled to recover the amount from the owner according to law. Here, already Rs. 30,000/- was deposited by the owner as a condition precedent for granting stay. The balance amount should be deposited by the insurance company with interest within three months from today. The insurance company will be free to recover the amount deposited from the owner of the vehicle. It is for the owner of the vehicle to consider whether he can recover the amount from the bailee or not according to law. Since bailee is not a party, we are not expressing any observation regarding the same.
Kerala High Court Cites 19 - Cited by 5 - J B Koshy - Full Document

National Insurance Co. Ltd. vs N. Devadas And Ors. on 16 April, 1999

The same view has been reiterated by the subsequent Division Bench in Jaimy's case 1998 ACJ 1318 (Kerala). In the light of the various clauses in Section 149 of the Act, more particularly Section 149(2)(b) of the Act, as rightly observed by their Lordships in the decisions of the Kerala High Court as mentioned above, the insurer would not be in a position to avoid the liability because it has got rights against the owner under the above provision.
Madras High Court Cites 22 - Cited by 4 - P Sathasivam - Full Document

National Insurance Co. Ltd. vs Pushpa Devi Aggrawal And Ors. on 30 March, 2012

In United Insurance Co. Ltd. v. Jaimy and Ors. 1998 ACJ 1318 (Ker.) it is stated: (ACJ pp.1324- 25, paras 19-22) "Section 149(2) relates to the liability of the insurer and speaks of a situation in regard to which no sum shall be payable by an insurer in respect of any judgment or award. In the context it is proved that an insurer to whom notice of bringing of any such proceeding is given, could defend the action stated in the said statutory provision. The contention in the context would be found in section 149(2)(a) in the event of a breach of a specified condition of the policy enabling the insurer to avoid liability in regard thereto. In the process in regard to the right of the insurer to recover the amount from the insured, it would have to be seen by referring to section 149(4) as to under what circumstances this can be successfully recovered from the insured.
Delhi High Court Cites 14 - Cited by 209 - J R Midha - Full Document
1   2 3 Next