Employees State Insurance Act, 1948, Section 2(12) -- Factory - Workshop of Municipality/local body where job of repairs of machinery etc. are carried out is a factory within the meaning of the Act...........
Employees State Insurance Act, 1948, Section 2(12) -- Factory - Act applies to all factories including factories belonging to Government other than seasonal factories...........
Employees State Insurance Act, 1948, Section 40, 74 -- Recovery of contribution u/s 40 of the Act - Nagar Nigam made regular contributions under the Act for the periods between 1964 to 1978 thereby conceding to the position that its workshop was covered under the definition of `factory' where manufacturing process was being carried on - But subsequent to 1978 and before..........
Insurance claim -- Exclusion clauses in insurance contracts are interpreted strictly and against the insurer as they have the effect of completely exempting the insurer of its liabilities...........
Insurance claim -- Surveyor's report is a credible evidence and Court may rely on it until a more reliable evidence is brought on record...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Sufficient evidence on record to justify repudiation of claim by insurance company on the basis of exclusion clause - Surveyor was examined as RW1 and his evidence remained un-rebutted - Surveyor's report was evidence tendered by insurance company and there is sufficient evidence to indicate that..........
Consumer Protection Act, 1986, Section 2(c) -- Consumer complaint - Insurance - Concluded contract - First Premium Receipt - Containing number of policy and showing next premium date - Receipt would justify drawing of presumption of acceptance of policy and not otherwise...........
Insurance Act, 1938, Section 45, Evidence Act, 1872, Section 102 -- Insurance claim - False information - Onus to prove - Onus was on the insurer to show that insured had fraudulently given false information and that said information was related to a material fact...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Non-disclosure of other policies - Duty to make full disclosure continues to apply throughout negotiations for the contract but it comes to an end when the contract is concluded - Therefore, material facts which come to the proposer's knowledge subsequently need not be disclosed...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Suppression of material facts - Non-disclosure of other insurance policies - Insurance company has produced no documentary evidence whatsoever before District Forum to prove its allegation that insured had taken multiple insurance policies from different companies and had suppressed the same -..........
