Search Results Page

Search Results

1 - 10 of 26 (0.25 seconds)
R. Kamala vs United India Insurance Co. Ltd. Rep. By ... on 19 August, 1997 cites

The New India Assurance Co. Ltd. vs H. Siddalinga Naika And Ors. on 29 August, 1983

19. Learned Counsel for the appellant, in support of his submission, relied on decisions in Natha Singh v. Gurdial Singh and Ors. 1982 ACJ 95., New India Assurance Company Ltd v. H. Siddalinga Naika and Ors., 1985 ACJ 89., and Shiv Chandra and Anr. v. Jasvinder Singh and Ors. 1992 ACJ 747. In these decisions, the learned Judges, merely placing reliance on Section 102 of the Act, found that the cause of action survives against the insured's estate or against the insurer and that there is no need to bring the legal representatives of the insured on record. There is no dispute about the survival of the cause of action in case of death of the insured as contemplated Under Section 102 of Old Act or Section 155 of New Act. With due regard to the learned Judges, I am of the view that in the said decisions, they missed to consider the relevant provisions under Chapter VIII of Old Act or under Chapter XI of New Act, underlying the principle that the insurer is only bound to indemnify the liability of the insured and satisfy judgment and decree passed against the insured. Therefore, unless the liability of the insured is found, the question of binding the insurer to indemnify the liability of the insured does not arise. Hence, I am of the opinion that the estate of the insured has to be represented by proper party to fix his liability in order to bind the insurer, and consequently the said decisions do not help the learned Counsel for the appellant in persuading this Court to accept his submission.
Karnataka High Court Cites 3 - Cited by 18 - Full Document
1   2 3 Next