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1 - 10 of 10 (0.23 seconds)P.J. Narayan vs Union Of India (Uoi) And Ors. on 8 August, 2003
9. When a similar clause in the Insurance Contract was challenged
before this Court in P.J. Narayan v. Union of India & Ors., (2006)
5 SCC 200, this Court held as under:
Oriental Insurance Company Limited vs M/S Narbheram Power And Steel Pvt Ltd on 2 May, 2018
13. Notably, liability of the insurance company does not fall
under the Act and the same is governed only by the terms of the
contract. When parties have agreed upon the terms of the insurance
contract, the Court cannot interpret the clauses in the contract,
by adverting to equity principles. It is because in commercial
transactions, the question of lack of bargaining power does not
arise. This was the view taken by a three-Judge Bench of this
Court in Oriental Insurance Company Limited v. Narbheram Power and
Steel Private Limited, (2018) 6 SCC 534 wherein this Court held as
under:
Section 147 in The Motor Vehicles Act, 1988 [Entire Act]
New India Assurance Co. Ltd vs Harshadbhai Amrutbhai Modhiya & Anr on 28 April, 2006
8. The Division Bench of the High Court in order to examine the
liability of the insurance company bearing in mind the above clause
in the insurance contract, adverted to the applicable law on the
point and concluded that the insurer does not have any liability to
indemnify the insured in respect of the interest, on the determined
sum of compensation. The High Court relied on the judgment of this
Court reported in New India Assurance Co. Ltd. v. Harshadbhai
Amrutbhai Modhiya & Anr., (2006) 5 SCC 192 wherein this Court
observed as follows:
Section 4 in The Employee's Compensation Act, 1923 [Entire Act]
Section 4A in The Employee's Compensation Act, 1923 [Entire Act]
Section 17 in The Employee's Compensation Act, 1923 [Entire Act]
The Insurance Act, 1938
Ajaya Kumar Das vs Divisional Manager on 24 January, 2022
Under these provisions, the liability to pay compensation to the
employee falls due on the date of the accident. Such a view was
also taken by this Court in Ajaya Kumar Das & Anr. v. Divisional
Manager & Anr. reported 2022 Livelaw (SC) 102.
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