Motor Vehicles Act, 1988 - CHAPTER IX INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS, section 148 and section 149

CHAPTER IX
INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS


 148. Validity of policies of insurance issued in reciprocating countries,- Where, in pursuance of an agreement between India and any reciprocating country, any motor vehicle registered in the reciprocating country operated on any route or within the area common to the two countries and there is in force in relation to the use of the vehicle in the reciprocating country a policy of insurance complying to the requirements of the law of insurance in force in that country, then not withstanding anything contained in section 147, but subject to the rules which may be made under section 164, such policy insurance shall be effective throughout the route or area in respect of which, the arrangement has been made as if the policy of insurance has complied with the requirements of this chapter.

149. Duty of insurers to satisfy  judgments and awards against persons insured in respect of third party risks,- (1) If, after a certificate of insurance has been issued under sub-section (3) of section 147 in favor of the person by whom a policy has been effected, judgment  or award in respect of any such liability as is required to be covered by a policy under clause (b) of sub-section (1)  of section 147 ( being a liability covered by the terms of the policy) or under the provisions of section 163 A is obtained against any person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy, the insurer shall subject to the provisions of this section, pay to the person entitled to the benefit of the decree any sum not exceeding the  sum assured payable thereunder, as if he were the judgment debtor, in respect of the liability, together with any amount payable in respect of costs and any sum payable in respect of the interest on that  sum by virtue if any enactment relating to interest on judgments.

 (2) No sum shall be payable by an insurer under sub-section (1) in respect of any judgment or award unless, before the commencement of the proceedings in which the judgment or award is given the insurance has notice through the court or, as the case may be, the Claims Tribunal of the bringing of the proceedings, or in respect of such judgment or award so long as the execution is stayed thereon pending an appeal, and an insurer to him notice of the bringing of any such proceedings is so given shall be entitled to made a party thereto and to defend the action on any of the following grounds namely,-

(a)    that there has been a breach of a specified condition of the policy, being one of the following conditions namely,-
(i)                  a condition excluding the use of the vehicle-
(a)    for hire or reward, where the vehicle is on the date of the contract of the insurance a vehicle not covered by a permit to ply for hire or reward, or
(b)   for organized racing or speed testing, or
(c)    for a purpose not allowed by the permit under which the vehicle is used, where the vehicle is a transport vehicle, or
(d)   without side-car being attached where the vehicle is a motor cycle; or
(ii)                         a condition excluding driving by  a named person or persons or any persons who is not duly licensed, or by any person who has been disqualified for holding or obtaining a driving license during the period of disqualification; or
(iii)               in a condition excluding liability for injury caused or contributed by conditions of war, civil war, or riot or civil commotion; or
(b)   A policy is void on the ground that it was obtained by the non-disclosure of a material fact or by a representation of a fact which was false in some material particular.
(3) Where any judgment as is  referred in sub-section (1) in obtained from a Court in a reciprocating country and in the case of a foreign judgment is, by virtue of  the provisions of section 13 of the Code of Civil Procedure, 1908 (5 of 1908) conclusive of any matter adjudicated upon by it, the insurer ( being an insurer registered under the Insurance Act, 1938 (5 of 1938) and whether or not registered under the corresponding law of the reciprocating country shall be liable to the person entitled to the benefit of the decree in the matter and to the extent specified in sub-section (1) as if the judgment were given by a court of India.

Provided that no sum shall be payable by the insurer in respect of any such judgment unless, before the commencement of the proceedings in which the judgment is given, the insurer had notice through the Court concerned of the brining of the proceedings and the insurer to  him notice so given is entitled under the corresponding law of the reciprocating country, to be made a party to the proceedings and to defend the action of grounds similar to those specified in sub-section (2).

 (4) Where a certificate of insurance has been issued under sub section (3) of section 147 to the person by whom a policy has been affected, so much of the policy as it purports to restrict the insurance of the person insured thereby by reference to any conditions other than those in clause (b) of sub-section (2) shall, as respects such liabilities as are required to be covered by a policy under clause (b) of sub-section (1) of section 147, be of no effect:

 Provided that any sum paid by the insurer in or towards the discharge of any liability of any person, which is covered by the policy by virtue, only of this sub-section shall be recoverable by the insurer from that person.

 (6) In respect of the expression ‘material fact’ and material particular’, means irrespective of a fact or a particular of such a nature so as to influence the judgment of a prudent insurer in determining whether he will take the risk and, if so at what premium and on what conditions and the expression ‘liability covered by the terms of the policy’  means a liability which is covered by the policy or which would be  so covered but for the fact that the insurer is entitled to avoid or cancel or has cancelled or avoided the policy.

 (7) No insurer to him the notice referred to in sub-section (2) or sub-section (3) has been given shall be entitled to avoid his liability to any person entitled to the benefit of any such judgment or award as is referred to in sub-section (1) or in such judgment as is referred to sub-section (3) otherwise than in the manner provided for in sub-section (2) or in the corresponding law of the reciprocating country, as the case may be.
        
Explanation:- For the purpose of this section, “Claims Tribunal” means a Claims Tribunal constituted under section 165 and ‘award’ means an award made by the Tribunal under section 168.





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