MONTFORD BROTHERS OF ST. GABRIEL Vs. UNITED INDIA INSURANCE
LAWS(SC)-2014-1-54
SUPREME COURT OF INDIA
Decided on
January 28,2014
Montford Brothers Of St. Gabriel
Appellant
VERSUS
UNITED INDIA INSURANCE
Respondents
Referred Judgements :-
GUJARAT STATE ROAD TRANSPORT CORPORATION AHMEDABAD VS. RAMANBHAI PRABHATBHAI [REFERRED TO]MEGJIBHAI KHIMJI VIRA VS. CHATURBHAI TALJABHAI [REFERRED TO]
Cited Judgements :-
ORIENTAL INSURANCE CO LTD VS. NIRMALA DEVI AND OTHERS [LAWS(ALL)-2016-5-258] [REFERRED]KADER ALI VS. ORIENTAL INSURANCE COMPANY LIMITED [LAWS(CAL)-2024-2-103] [REFERRED TO]
N.JAYASREE VS. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD [LAWS(SC)-2021-10-63] [REFERRED TO]
CATHOLIC DIOCESE, MUVATTUPUZHA VS. MUTHAIAH P. [LAWS(KER)-2019-8-225] [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD VS. POLIA PATOR [LAWS(GAU)-2021-12-16] [REFERRED TO]
SK. KADER ALI VS. ORIENTAL INSURANCE COMPANY LIMITED [LAWS(CAL)-2024-2-66] [REFERRED TO]
RELIANCE GENERAL INSURANCE COMPANY LIMITED, NAIGAUM CROSS ROAD VS. ALAKHA PRASAD [LAWS(MAD)-2018-6-190] [REFERRED TO]
CHARANJIT KAUR VS. SURESH KUMAR [LAWS(P&H)-2014-5-313] [REFERRED TO]
P.JEYA BASKARAVEL VS. VEPPALODAI CHEMICALS [LAWS(MAD)-2019-10-270] [REFERRED TO]
ABDUL HAMEED S/O SHRI AJIZ KHAN VS. APPELLATE RENT TRIBUNAL, BANSWARA [LAWS(RAJ)-2017-4-145] [REFERRED TO]
BRANCH MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED VS. SA-NGOR CHOTSHOG CENTRE [LAWS(SIK)-2019-4-5] [REFERRED TO]
AMBA PRASAD JADAVJEE & CO. AND ANR VS. RAJESH DHINGRA [LAWS(DLH)-2017-8-171] [REFERRED TO]
IFFCO TOKIO GENERAL INSURANCE COMPANY LTD. VS. FR. LEVIS GOMES, SINCE DECEASED [LAWS(BOM)-2022-4-350] [REFERRED TO]
KUMARI ANJU VS. SURESH KUMAR SACHAN [LAWS(ALL)-2021-9-88] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LIMITED VS. RAMAN PURSHOTHAMAN NAIR [LAWS(GJH)-2022-5-29] [REFERRED TO]
GANGARAJU SOWMINI VS. ALAVALA SUDHAKAR REDDY AND ORS. [LAWS(APH)-2016-2-38] [REFERRED TO]
SUSILA VS. S.THIRUMALAI [LAWS(MAD)-2023-4-25] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LTD VS. MANGEY RAM AND OTHERS [LAWS(ALL)-2019-4-154] [REFERRED TO]
RAHISA BEGUM SINCE DECEASED VS. SUSHEEL CHANDRA GUPTA [LAWS(ALL)-2021-9-89] [REFERRED TO]
CHOLAMANDALAM M S GENERAL INSURANCE COMPANY LIMITED VS. BIRBHAN AND OTHERS [LAWS(P&H)-2014-11-269] [REFERRED]
ORIENTAL INSURANCE CO LTD THRU DIV MANAGER VS. USHA DEVI & 5 ORS [LAWS(ALL)-2019-1-161] [REFERRED TO]
BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD. VS. GOHDI DEVI AND ORS. [LAWS(HPH)-2015-5-63] [REFERRED TO]
UNITED INDIA INSURANCE CO. LTD. VS. MARIYAPPA [LAWS(KAR)-2017-9-1] [REFERRED TO]
FARZANA AND ORS. VS. MAHARASHTRA STATE ROAD TRANSPORT CORPORATION [LAWS(BOM)-2016-4-78] [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. SMT. NISHA @ BHURI [LAWS(MPH)-2017-11-188] [REFERRED TO]
NATIONAL INSURANCE CO. LTD. VS. KARANAMURTHY(DIED) AND OTHERS [LAWS(MAD)-2021-1-441] [REFERRED TO]
GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION LTD. VS. ST. MARIA AUXILUM SISTERSS CONGRESS [LAWS(MAD)-2018-4-11] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. RAJENDRA SINGH & 6 OTHERS [LAWS(ALL)-2017-12-144] [REFERRED TO]
CHANDULAL MEGHRAJ UPADHYAY AND ORS. VS. VITHAL MAROTRAO SHAKTIKAR AND ORS. [LAWS(BOM)-2015-9-255] [REFERRED TO]
LALITA VS. M.R. SUNILKUMAR AND ORS. [LAWS(KAR)-2014-2-389] [REFERRED TO]
JUDGEMENT
-
(1.)Heard learned counsel for the appellants and learned counsel for the
respondent-Insurance Company.
(2.)The facts relevant for deciding this appeal are not in dispute and hence noted only in brief.
(3.)The appellant No.1 is a charitable society registered under the Societies Registration Act, 1960. It runs various institutions as a constituent unit of Catholic Church. It is running various orphanages, industrial schools and other social service activities besides number of educational schools/institutions. Its members after joining the appellant society renounce the world and are known as "Brother". Such a 'Brother' severs his all relations with the natural family and is bound by the constitution of the society which includes Article 60 quoted in paragraph 3 of the order dated 10.12.2003 passed in Review Petition No.4 of 2002 and in annexure P.5 as such:
"Whatever the 'Brother' receives by way of salary, subsidies, gifts, pension or from insurance or other such benefits belongs to the community as by right and goes into the common purse."
(2.)The facts relevant for deciding this appeal are not in dispute and hence noted only in brief.
(3.)The appellant No.1 is a charitable society registered under the Societies Registration Act, 1960. It runs various institutions as a constituent unit of Catholic Church. It is running various orphanages, industrial schools and other social service activities besides number of educational schools/institutions. Its members after joining the appellant society renounce the world and are known as "Brother". Such a 'Brother' severs his all relations with the natural family and is bound by the constitution of the society which includes Article 60 quoted in paragraph 3 of the order dated 10.12.2003 passed in Review Petition No.4 of 2002 and in annexure P.5 as such:
"Whatever the 'Brother' receives by way of salary, subsidies, gifts, pension or from insurance or other such benefits belongs to the community as by right and goes into the common purse."
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