LL.B. (Three Years) Sem 6 Law of Insurance May 2012 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: (1) Figures to the right indicate full marks. (2) Answer all questions on separate sheet of the answer paper.

1. Q.1: Write short answers, not more than two sentences (20 Marks - 2 marks each)

1. (a) What is Lapse of Policy?
   Read the model answer
2. (b) What is a Pirate?
   Read the model answer
3. (c) Floating policy by ship/s.
   Read the model answer
4. (d) What is a Fire Insurance Business?
   Read the model answer
5. (e) What is Aleatory Contract?
   Read the model answer
6. (f) What is Cargo Insurance?
   Read the model answer
7. (g) What is Liability Insurance?
   Read the model answer
8. (h) What is 'Inchamaree Clause'?
   Read the model answer
9. (i) What is a Jeevan Sathi Policy?
   Read the model answer
10. (j) What is a Representation?
    Read the model answer

2. Q.2: Write short explanatory/definitional or analytical answers on any four (20 Marks - 5 marks each)

1. (a) Doctrine of Subrogation under Marine Insurance Act.
   Read the model answer
2. (b) Principle of uberrima fides.
   Read the model answer
3. (c) Seaworthiness of ship.
   Read the model answer
4. (d) Difference between Assignment and Nomination.
   Read the model answer
5. (e) Automobile Insurance.
   Read the model answer
6. (f) Proximate clause under the Fire Insurance Contract.
   Read the model answer

3. Q.3: Answer any two (12 Marks - 6 marks each)

1. (A) Smt. Shakuntala, widow of Shri Ramavatar Tiwari who had taken a policy of insurance for Rs. 10 lakh vides proposal No. 9517877 dated 09-09-1989. Shri Ramavatar died on 02-12-1989. While taking the policy life assured did not disclosed material fact that he was suffering from cancer and had been taking treatment. After his death the deceased's widow intimated the appellant about the death of her husband and demanded payment of claim. (a) Is an insurer liable to pay the full claim to widow or premiums paid to LIC of India? What are the grounds for it? (b) Whether a court can upheld the principle that when a contract is bad on the ground of fraud? How?
   Read the model answer
2. (B) Mr. Ram Ramani was an owner of the private car and his car was insured under the Comprehensive Policy. He was using his car for tours and travels without traveling license. His car was met with an accident at Pune Highway and another person who was driving his car died. (a) Is Mr. Ram Ramani entitled to get the compensation of damaged car? Why? (b) Whether a legal heir of the deceased person will get the compensation by the insurance company? Why?
   Read the model answer
3. (C) Mr. Shushan Lal Pandita had taken Fire Insurance Policy and claim arises out of a Fire Insurance Policy with undisputed validity from March 16, 1999 to March 15, 2000. Claim was lodged against the appellant (Oriental Insurance Company) in respect of subject matter which was destroyed by fire. Inspector and the second surveyor submitted report stating that the insured property was damaged by fire. Even after receipt of both the survey reports, the appellant did not take any step to settle the claim of claimants. Therefore, claim was filed before the State Consumers Protection Commission. Hence, present appeal. It was contended that when the date of occurrence was not pinpointed and the appellant denied before Commission that the fire took place in the month of May, 1999 and in the absence of a contention that the said policy of Insurance was obtained by suppression of material facts, presumption would be that the insurable interest in the policy of insurance was subsisting as on March 16, 1999 and survey was conducted on October 16, 1999. (i) Can State Consumers Protection Commission allow to complaint and direct to Oriental Insurance Company for payment of compensation? Why? (ii) Is there any disputed matter regarding destruction of property by Fire? What will be stand of Commission?
   Read the model answer

4. Q.4: Answer any four (48 Marks - 12 marks each)

1. (a) What are the different kinds of perils of the seas?
   Read the model answer
2. (b) What are the different modes of discharge of contract?
   Read the model answer
3. (c) Enumerate principle of Indemnity in General Insurance.
   Read the model answer
4. (d) Explain the nature of Fire Insurance Contract.
   Read the model answer
5. (e) What are the power and function of the I.R.D.A.
   Read the model answer
6. (f) The provision of Assignment has been thoroughly dealt with under section 38 of the Insurance Act, 1938. Explain in details.
   Read the model answer

Read from the scan above, so a character or two may differ. The scan is the original.