Search Results Page

Search Results

1 - 10 of 20 (0.24 seconds)
Branch Manager, New India Assurance ... vs Baby Devi & Ors on 5 April, 2016 cites

National Insurance Co. Ltd vs Cholleti Bharatamma & Ors on 12 October, 2007

6. Learned counsel for the appellant has submitted that there happens to be delay of six months and one day in filing of appeal and on account thereof, I.A. No. 6070/2014 has been filed to condone the delay for the purpose of proper adjudication. It has also been submitted that tractor was insured for the purpose of agriculture work only and not for any other activity much less for commercial purpose. In likewise manner, it has also been submitted that the deceased‟s presence over the tractor was no way connected with the agriculture work rather he was a gratuitous passenger and his presence was connected with commercial activities adopted by the owner in contravention of the terms of policy, therefore, the insurance company could not be held responsible. To substantiate such plea, learned counsel for the appellant has relied upon M.A. No.64 of 2007 (National Insurance Company Ltd v. Laxminia Kuer & Ors) order dated 28.04.2010, Eshwarappa @ Maheshwarapp v. C.S. 4 Gurushanthappa reported in (2010) 8 SCC 620, M.A. No. 251 of 2012 (Divisional Manager v. Rameshwar Yadav & Ors), order dated 25.03.2014, National Insurance Co.Ltd v. Cholleti Bharatamma reported in [2007] 7 Supreme(SC)265. It has also been pleaded that after all, it is the owner who could be held responsible for the act committed by his servant, hence be directed to pay the amount instead of appellant.
Supreme Court of India Cites 19 - Cited by 279 - S B Sinha - Full Document

Hindustan Lever Ltd vs Ashok Vishnu Kate & Ors on 15 September, 1995

In Hindustan Lever Ltd. vs. Ashok Vishnu Kate and others, 1995 (6) SCC 326, this Court observed : (SCC pp.347-348, Paras 41-42) " 41. In this connection, we may usefully turn to the decision of this Court in Work men vs. American Express International Banking Corporation [(1985) 4 SCC 71] wherein Chinnappa Reddy, J. in para 4 of the Report has made the following observations :(SCCp. 76) „4. The principles of statutory construction are well settled. Words occurring in stat utes of liberal import such as social welfare legislation and human rights' legislation are not to be put in Procrustean beds or shrunk to Lilliputian dimensions. In constru ing 9 these legislations the imposture of literal construction must be avoided and the prodigality of its misapplication must be recognized and reduced.
Supreme Court of India Cites 35 - Cited by 149 - S B Majmudar - Full Document
1   2 Next