SC: State Liable for Accidents Involving Requisitioned Vehicles, Not Insurer
‘A requisition is not a voluntary arrangement; it is a command issued under statutory authority.’
‘A requisition is not a voluntary arrangement; it is a command issued under statutory authority.’
“The deceased was a gratuitous passenger based on hearsay knowledge from persons who did not enter the witness box, but, on a preponderance of probabilities, the evidence on record clearly suggest that the deceased was a workman working with the owner.”
“ESIC’s insistence on an emergency certificate to process the petitioner wife’s claim is untenable and hyper-technical”
“This was not an internal spark but it was a heavy vibration that the roter and the other components rubbed causing the spark of fire at the exciter end that propagated towards the generator. The exclusion clause therefore would not apply”.
Supreme Court reiterated that exclusion clauses in insurance contracts are interpreted strictly against the insurer as they have the effect of completely exempting the insurer of its liabilities.
To avail the benefit of insurance policy of Rs.1,50,00,000/-, an innocent person was killed to portray that the accused had met with an accident and in the said accident, the car in which the accused was travelling caught fire and got burnt.
“Waiver is the abandonment of a right which normally every body is at liberty to waive. It is an intentional relinquishment of known right or advantage, benefit, claim or privilege which except for such waiver the party would have enjoyed.”
Calcutta High Court upheld the maintainability of the writ petition under Article 226, given the challenge is on the grounds of arbitrariness and illegality in the repudiation process.
“The (buzz) word is that Mosquitoes are simply everywhere — in pools, parks, movie theatres and convention centres — pests! Perhaps the time has finally come to use cannons to kill mosquitoes.”
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