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New India Assurance Co Ltd vs Latifsha Bhachalsha Shaikh on 8 December, 2021 cites

New India Assurance Co. Ltd vs Asha Rani & Ors on 17 August, 2001

In support of her arguments the learned counsel has placed reliance on the decision in the case of Mallava (Smt.) and Ors. Vs. Oriental Insurance Company Limited and Ors. reported in 1999 1 SCC Page-403 and another decision in the case of New India Assurance Company Limited Vs. Asha Rani and Ors. reported in 2003 AIR SC Page-607 and United India Insurance Company Limited Vs. Minor Mahesh Kanubhai reported in 2014 2 GCD Page- 1551. It was further argued that the question of law, if any, could be raised by the Insurance Company at the appellate stage then it can be permitted if it goes to the root of the case. On the subject the learned counsel for the appellant has further argued that the Insurance Page 3 of 8 Downloaded on : Wed Jan 12 08:08:01 IST 2022 C/FA/2911/2010 JUDGMENT DATED: 08/12/2021 Company cannot be held liable considering the above referred decisions and ratio laid down by this Court and the Hon'ble Apex Court in the case of Asha Rani and Ors.
Supreme Court of India Cites 13 - Cited by 935 - Full Document

United India Insurance Co.Ltd vs Minor Mahesh Kanubhai & 2 on 7 April, 2014

In support of her arguments the learned counsel has placed reliance on the decision in the case of Mallava (Smt.) and Ors. Vs. Oriental Insurance Company Limited and Ors. reported in 1999 1 SCC Page-403 and another decision in the case of New India Assurance Company Limited Vs. Asha Rani and Ors. reported in 2003 AIR SC Page-607 and United India Insurance Company Limited Vs. Minor Mahesh Kanubhai reported in 2014 2 GCD Page- 1551. It was further argued that the question of law, if any, could be raised by the Insurance Company at the appellate stage then it can be permitted if it goes to the root of the case. On the subject the learned counsel for the appellant has further argued that the Insurance Page 3 of 8 Downloaded on : Wed Jan 12 08:08:01 IST 2022 C/FA/2911/2010 JUDGMENT DATED: 08/12/2021 Company cannot be held liable considering the above referred decisions and ratio laid down by this Court and the Hon'ble Apex Court in the case of Asha Rani and Ors.
Gujarat High Court Cites 102 - Cited by 8 - H Devani - Full Document

Oriental Insurance Co Ltd vs Maheshbhai Manjibhai Vaghela & on 17 September, 2014

8. Though the notice served upon the other side, no one is presence therefore, the present appeal is to be decided on the basis of the records and proceedings submitted to the Court. It is an admitted fact that the Tribunal has recorded the findings in favour of the original claimant. The deceased was traveling with the goods i.e. cattle in the tempo along with his engaged employee and therefore, the arguments made by the Insurance Company was turned down by the learned Tribunal and not accepted. The Insurance Company held liable while deciding the impugned claim petitions. It is observed by this Court in a case of Oriental Insurance Company Limited Vs. Galbiben Dosajibhai Manjibhai reported in 2009 GLHEL (High Court) 221029 Page 4 of 8 Downloaded on : Wed Jan 12 08:08:01 IST 2022 C/FA/2911/2010 JUDGMENT DATED: 08/12/2021 that, though the accident was occurred after the amendment, the liability of the Insurance Company was upheld by this Court. That, no different view taken by this Court. It is further observed in the case of Anu Bhanvara Etc. Vs. IFFCO Tokio General Insurance Company Limited reported in AIR 2019 SC Page-3934 and other unreported decision, considering the peculiar facts of the case, that the accident took place in 1996 and direction should be issued to the Insurance Company to first satisfy the awarded amount in favour of the claimant and recover the same from the owner of the vehicle. That the claimant cannot be compelled to struggle further for recovery of the amount.
Gujarat High Court Cites 0 - Cited by 2 - R R Tripathi - Full Document

Iffco Tokio General Insurance Co Ltd vs Vandnaben Harshadbhai Ratani Thacker on 31 August, 2021

In the case of National Insurance Company Limited Vs. Ratani and Ors. rendered in Civil Application No. 7399 of 2008 the victim of the accident was traveling in the truck as a gratuitous passenger and therefore, the Apex Court viewed that the Insurance Company would not be liable to pay the compensation to the claimants. The effect of the provisions contained in Section 147 with respect to the persons other than the owner of the goods or his authorized representative would remain in the same. Although the owner of the goods or his authorized representative would now be covered under the policy of insurance company and in respect of goods vehicle, it was never the intention of the legislator to provide that the liability of the insurer with respect to the passengers as especially gratuitous passengers, who were neither contemplated at the time of contract of insurance was entered into nor was any premium paid to the extent of benefit of insurance to such category of people. Therefore, in the facts and circumstances of the present case, this Court has no hesitation to hold that the claimants were traveling in the tempo as gratuitous passengers and in that view of the matter the appellant herein would not be liable to pay an amount of compensation.
Gujarat High Court Cites 0 - Cited by 2 - N V Anjaria - Full Document
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