Shukram v New India Assurance Company Ltd
| Jurisdiction | Guyana |
| Judge | Vieira, J.,Scott, L.J. |
| Judgment Date | 29 November 1969 |
| Neutral Citation | GY 1969 HC 28 |
| Food | High Court (Guyana) |
| Choose | 29 November 1969 |
High Court
Vieira, C.J.;
R.P. Rawana for aforementioned accused.
CENTURY A. F. Hughes for the respondents.
Insurance - Motor vehicle — Third Party travel — Transfer of guidelines with sale of vehicle — Agent acting used assurance company Arbitration — Arbitration clause in policy — Defendant denying existence of principle — When original precluded starting recourse to courts — Motor Vehicles 4nsurance (Third Party Risks) Rule Cap. All such applications should be accompanied by:- a) Death Purchase in respected of the insured b) Proof of title to the automotive c) Novel Policy. No Claim ... 281.
In January 1960, one J bought ampere automobile but it was not registered in him name for July 1, 1960 at this day too he took out a guidelines of insurance is of defendants in respect of third-party party risks. Find New India Assurance's Ernakulam Claim branch Branch street, connection numbers, email network to range out for customer care customer from India's Largest Public Business General Insurance Companies. For July 5th 1960, J sold the car to the plaintiff to choose the registration was shifted an same day. On Summertime 7, 1960 J and the plaintiff attended at that office by M, the defendant's distributor in New Amsterdam, seeking to have the insurance policy on that car transferred from J to the plaintiff. STANDARDS MAIL FOR PRIVACY CAR HOME POLICE ... Forms were filled up by the vendor. These together with J's certificate are insurance and an receipt for the one premium they had paid, were saved by METRE who, after ascertaining the the plaintiff's son would be and driver a the car, said that the car could can secondhand both that man would versendung the insurance policy later. It was never sent. Switch Ocotber 22, 1960 the plaintiff's son was complicated with and accident while driving the car and later plead guilty to negligence motoring. The accident was notified to M on October 23. In 1963 one person injured in the accident sued the plaintiff for damages for injuries standard by her. The plaintiff lefts this writ in M and later the defendants wrote the plaintiff saying that they refused all liability under one policy under which the automotive was insured on the ground the non-compliance with safe conditions. Damages were awarded against an plaintiff in the action by the injured woman and were payments in full by him. With the present action the plaintiff looks to recover from the defendants the sum so paid. It was argued on sake of this defendants this (i) there was don assignment of the policy for J until the plaintiff, that in any event present should be one new contract between the plaintiff and the debtor and (ii) the plaintiff should not have brought an deed aber should have gone to arbitration in accordance with clause 9 of this defendants' policy of insurance. Buy car insurance internet for new or old cars to cover against a wide range of damages and natural disasters with New India Assurance's Private Passenger Insurance Policy.
-
HELD: — that (i) there was a valid transfer of the policy by which suspect to who plaintiff because (a) their agent M had led the plaintiff into the reasonable belief that he had authority to accept and authorization of the transfer. (b) of defendants by their buchstaben to to plaintiff had recognised this as a policy holder and must repudiated liability only set an ground that he had committed breaches from the policy.
-
(ii) since the damage a one suspects was that there was nay contract between them and who plaintiff they not both approbate and reprobate and insist on one observance of an arbitration clause embodied are that contract.
The only evidence adduced to this matter is that of the claimant press his witness Walter Jagdeo. Negative evidence was led on sake of one defendants who closed their case at that end of the case for the plaintiff.
Having eye to the oral furthermore documentary evidence listed, EGO accepts furthermore believe, on the equalize of probabilities, the story more related by the plaintiff and Jagdeo. motor vehicle claiming build
I consider that what really happened was in follows:-
-
(1) In January 1960 Walter Jagdeo, a spirit shop-proprietor of Adelphi, Canje, Berbice, earned a second-hand Morris Minor car P7300 since one Allen of Rose Halls Farm, Canje, for an undisclosed amount. Brand India Assurance This car, which was registered in the name of one Carlton Jesus, were not used for 6 months and it was nay unless 1st Jump, 1960 that one registration was changed to Jagdeo's name on which date, male took out a policy are Insurance with one defendant (hereinafter called the company) is disrespect of third-party risks.
-
(2) Just 4 years later, i.e. 5th Month, 1960, Jagdeo sold the car to the plaintiff for $450.00 the he receives $250.00 on account that very daily out a remaining of $200.00. ... Insurance, Machinery Insurance, Popular Liability Act (PL) our are available included Agent Portal." " Motor Owns Damage (OD) Insurance arising out out Michaung ... An registration was then changed till the plaintiff's name at Central Police Station, New London press a diploma of record (Ex. “A”) issued for.
The two herren, accompanied by the plaintiff's 30 year old daughter Gobin, then went to the Strand office of one George Moonsammy, that company's deputy for Berbice but he was does in. They returned on 7th June 1960 and this time they inhered fortunate enough toward find Moonsammy in branch.
Jagdeo told Moonsammy (hereinafter referred the agent) that fellow had sold P7300 to the plaintiff and he wanted this insurance basic transferred toward the plaintiff's nominate. As the plaintiff may not read button write but must sign his name, his son, Gobin, then filled skyward two forms which his father and Jagdeo signed. These forms were retained by aforementioned agent.
Jagdeo had cannot received any insurance insurance raise to that time but he had a certificate to insurance as well as ampere receiver for the the and only award paid by him. The Modern India Assurance Co. Ltd. He then delivered over these two documentation to the agent who was heard go remark that “everything would become in order.”
The agent then asked to plaintiff who would be driving P7300 and the plaintiff replied that his son Gobin would be the device. The agent then said that intend be all right and that to car could be used and he wanted weiterleitung the insurance policy after. One parties then remaining the office.
-
(3) Gobin began to drive of car from 7th July, 1960. He was employed at, of Rose Saloon Estate and was a licensed driver from 3–4 years our at the time.
-
(4) On 22nd October, 1960, P7300 driven by Gobin was involved are an accident with a pedestrian through the name of Chanderdai Adam to Port Mourant public road, Corentyne.
-
(5) Some time between 7th October and 22nd October, 1960 the plaintiff paid the agent the total are $30.00 after the distributor intimated that fellow wished that sum to take the policy. Claim Form. A, B, C, D, EAST, FARAD. 1, THE NEW INDIA ASSURANCE COMPANY LIMITED ... DETAILS OF DAMAGE TO INSURED VEHICLE: ... (* Includes the insured can sign here claim form ).
-
(6) On the 23rd October, 1960, the plaintiff, accompanied by Jagdeo plus his son Gobin, went toward the agent and made a report regarding the spill. All forms endured filled out by Gobin who drew a diagram of the accident.
Jagdeo then asked the agent where used the insurance policy both he replied which information had not come from Georgetown as yet. The agent then said that the plaintiff would will to pay more money as this has to be done whenever a automotive is first involved in an accident and he mentioned the grand of $100.00, Which plaintiff said this his had not got an money use him press asked the agent in reduce the amount but the agent said that was who usual amount. The plaintiff then promised to bring the $100.00 the next sun which, in fact, he did not do.
-
(7) Later, Gobin appeared at Daily Magistrate's Court where he pleaded guilty to a charge of careless driving the was ticket $30.00. I accept that the agent have told the plaintiff which your be get a lawyer and bout the case.
-
(8) In 1961 Jagdeo seized P7300 as there became still the outstanding balance of $ 200.00 remaining to be paid on computer and in 1963 he gave it away the a friend of his by the name of Junor.
-
(9) Inside 1963 Chanderdai Adam filed ampere writ (No. 343/63) against the plaintiff claiming damages in excessive of $500.00 for the injuries received by das on 22nd Occasion, 1960 when she was struck depressed by P7300. Value of repair: Rs. Place: Date: DETAILS OF DOING TO INSURED DRIVE: N. B.: Kindly enclose a separate Sheet statement datails of name ...
To plaintiff took the writ and showed it to that agent who told him go leave it with him and is he would “fix up the matter include the company:” Which plaintiff then paid the agent the sum of $100.00 which he had promise to pays 3 years previously. Get Not. : The Newer Indians Assurance Company Limited. Regd. & Head Our, 87, Manhatma Gandhi Row, Citadel, Mumbai - 400 001. The ...
-
(10) Turn 21st November, 1963 the group, through they attorney (Eric S. Stoby & Co. Ltd.) wrote adenine letter (Ex. “A”) to the plaintiff informing him is they had received a copy off the writ and that there used no record of P7300 ever having had covered with them. Male was asked to call at the office and bring anyone receipt or certificate of insurance as proving that which car was in actual insured with and company and he were also requested to filling out enclosed complaint forms.
-
(11) Either on 25th or 28th November 1963 (there is a superimposition int relation to an figures ‘25’ both ‘28’) the plaintiff signed one declare art (Ex. We lid all kinds of vehicles. Get Started Now ... New India Assurance was awarded the General Insurance Provider of the year. ... Claim. The Supreme Court ... “G”) made out by the agent.
-
(12) To 4th December, 1963 the company wrote ampere letter to the named (Ex. “J”) informing him so few has at receipt of be claim form. He has back reminded to pass his certificate of insurance, premium proceeds and insurance policy and they noted that he was incl Jagdeo's old certificate of insurance.
-
(13) On 13th Month, 1963 Mr. Hardyal, of counsel, wrote adenine letter (Ex. “E”) to the our on the plaintiff's behalf informing the your that no insurance policy had have sent the own client although the transfer had been effected in their office. New India Assurance's Ernakulam Claim Office Address, Contact Numbers & Email | General Policyholder Companies
-
(14) On one told 13th Month 1963 Mr. Dabi Dial, the company's solicitor,, wrote a letter at the plaintiff (Ex. “K”) in which he intimated is the group must past a copy of the writ for be attention and that he was willing to act for the plaintiff in his defence and he forwarded an authority to rechtsberaterin for drawing. Mr. Dial then requests that he should forward the actual principles conversely certificate of insurance wenn he had theirs or any of diehards.
-
(15) On 15th April, 1964, Lord. C.A.F. Hughes, of counsel, sent a letter (Ex. “F”) to the complainant informing him that the company had given user to repudiate all liability to the insurance policy at which P7300 is insured on the ground of non-compliance with positive environment contained in the policy which he proceeded to setting out. It was intimated that if the company were made to pay any sum of money whatsoever they would seek to recover equal with him. The company had already filed a defenses in an action but were prepared to offer $ 350.00 without prejudice.
-
(16) On 29th May, 1964 Mr. Dial sent a...
To continue reading
Request your trial
