Search Results Page
Search Results
1 - 4 of 4 (0.54 seconds)
Icici Lombard General Insurance Co. ... vs Kakkala Madhavi, E.G. District 6 Ots on 31 January, 2022
cites
New India Assurance Company Limited vs Sandepudi Mariyamma And Ors. on 13 February, 2003
10. Learned counsel for the appellant submits that the
vehicle was not being used for agricultural purpose against
the policy terms and hence, the insurance company is not
liable to pay any compensation. Learned counsel has relied
upon a decision reported in New India Assurance Company
Limited, Ongole Vs. Sandepudi Mariyamma and others1.
He submits that when mud was being transported and the
accident took place in the agricultural field, it cannot be said
that it was not for agricultural purpose and the decision
relied upon is relating to carrying of Napa slabs in a vehicle
to be used for agricultural purpose and hence the
observations made therein are not applicable to the present
case.
Oriental Insurance Co. Ltd vs Brij Mohan & Ors on 15 May, 2007
16. Learned counsel for the appellant relied upon a
case of Oriental Insurance Company Ltd., v. Brij Mohan
and Ors.3, wherein it was held that the insurance company
has no liability. Irrespective of the fact whether the claim
has been made under the provisions of Workmen's'
compensation Act or the provisions of Motor Vehicles Act, it
is needless to observe that the liability cannot be fastened
against the Insurance Company when there is violation of
the policy conditions. Therefore, the liability cannot be
distinct and at the same time, it cannot vary from the
provisions itself for the reason that the liability can as well
3
MANU/SC/7682/2007
7
be fastened subject to the coverage of risk as well as the
subsistence of the policy by the date of incident and
violations of the policy conditions. In this view of the matter,
the contention of the learned counsel for the claimants that
the decision relied on by the learned Standing Counsel for
the Insurance Company, cannot be made applicable to the
facts of the case on hand, cannot be sustained.
Section 304A in The Indian Penal Code, 1860 [Entire Act]
1