( ISSN 2277 - 9809 (online) ISSN 2348 - 9359 (Print) ) New DOI : 10.32804/IRJMSH

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TOPIC: CONTRACT OF INSURANCE AND CONTRACT OF INDEMNITY: A STUDY IN INDIAN SCENARIO

    1 Author(s):  RAM GOPAL

Vol -  7, Issue- 5 ,         Page(s) : 314 - 319  (2016 ) DOI : https://doi.org/10.32804/IRJMSH

Abstract

Insurance and Guarantee are the species of a same genus .i.e., indemnity or in other words the contract of insurance and the contract of Guarantee are the development on contract of indemnity. Similarly, the doctrine of Subrogation has been introduced to carry out the fundamental rule that of indemnity. Every contract of Insurance, except life assurance, is a contract of indemnity and no more than an indemnity. Under English Law, the word “indemnity” carries a much wider meaning than given to it under the Indian Act. Under English law, a contract of insurance (other than life insurance) is a contract of indemnity. Life insurance contract is, however, not a contract of indemnity, because in such a contract different consideration apply. A contract of life insurance, for instance, may provide the payment of a certain sum of money either on the death on a person or on the expiry of a stipulated period of time (even if the assured is still alive) Indian Contract Act does not specifically provide that there can be on implied contract of indemnity.

1. LIC v Vasi Reddy, (1984)2 SCC 719 ,AIR 1984 SC 1014
2. Zafar Ahsan v Zubaida Khatun,(1929)27All LJ 1114
3. Oriented Insurance Company Ltd. V GOVT. AIR  1994 Kant 29
4. Sarojan v LIC AIR 1986 Ker 201
5. New India Assurance Co. Ltd. v Kesavan Ramamurthy, (1977) 2 Andh LT 446 (AP)
6. Hirabhai v Manufactures Life insurance, 14 Bom LR 741.
7. (1997) 4 SCC 366. AIR 1997 SC 2049
8. [1833] 11 QBD380 at p. 386
9. AIR 1958 SC 300
10. Ibid.
11. AIR 1938 P.C. 191 

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