Motor Vehicles Act, 1988 - CHAPTER IX INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS, section 145, section 156 and section 147

CHAPTER IX
INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS
145. Definitions,- In this Chapter,-
                (a) “authorized insurer” means an insurer for the time being carrying on general insurance business in India under the General Insurance Business(Nationalization) Act, 1972 ( 57 of 1972), and any Government insurance fund authorized to do general insurance business under that Act;
                (b) “certificate of insurance” means a certificate issued by an authorized insurer, in pursuance of sub-section (3) of section 174 and includes a cover note complying with such requirements as may be prescribed, and where more than one certificate has been issued in connection with a policy, or where a copy of a certificate has been issued, all those certificates or that copy as the case may be;
© “liability” wherever used in relation to death of or bodily injury to any person, includes liability in respect thereof under section 140;
(d) “policy of insurance” includes certificate of insurance
                (e) “property” includes goods carried in the motor vehicle, roads, bridges, culverts, causeways,   
                       trees, posts and milestones;

                (f) “third party” includes the Government.
146. Necessity for insurance against third party risk, - (1) No person shall use, except as a passenger, or cause or allow any other person to use, a motor vehicle in public place, unless there is in force in relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance complying to the requirements of this chapter:
Provided that in the case of a vehicle carrying or meant to carry, dangerous or hazardous goods, there shall also be a policy of insurance under the Public Liability Insurance Act, 1991.
Explanation:- A person driving a motor vehicle merely as a paid employee, while there is in force in relation to the use of the vehicle  no such policy as is required by this sub-section, shall not be deemed to act in contravention of the sub-section unless he knows or has reason to believe  that there is no such policy in force.
  (2) Sub-section (1) shall not apply to any vehicle owned by Central Government or a State Government and used for Government purposes unconnected with any commercial enterprise.
  (3) The appropriate Government may, by order, exempt from the operation of sub-clause (1) any vehicle owned by any of the following authorities, namely,-
                (a) the Central Government or a State Government, if the vehicle is used for Government purposes connected with any commercial enterprise:
                (b) any local authority;
                © any State transport undertaking;
                Provided that no such order shall be made in relation to any such authority unless a fund has been established and is maintained by that authority in accordance with the rules made in that behalf under this Act for meeting any liability arising out of the use of any vehicle of that authority which that authority or any person in its employment may incur in third parties.
                Explantaion:-For the purpose of this section, “appropriate Government” means the Central Government or a State Government, as the case may be, and,-
(a)    In relation to any corporation or company owned by the Central Government or any State Government means the Central Government or that State Government;
(b)   In relation to any corporation or company owned by the Central Government and one or more State Governments , means the Central Government”
(c)    In relation to any other State transport undertaking or any local authority, means that Government which has control over that undertaking or authority.
147. Requirements of policies and limits of liability, - (1) In order to comply with the requirements of this Chapter, a policy of insurance must be a policy which-
                (a) is issued by  a person who is an authorized insurer; and
                (b) insures the person or classes or persons specified in the policy to the extent specified in sub-
                     section (2);
(i)                  against any liability which may be incurred by him in respect of the death of or bodily injury to any person, including owner of the goods or his authorized representative carried in the vehicle or damage to any property of a third party caused by or arising out of the use of the vehicle in a public place;
(ii)                against the death or bodily injury to any passenger of public service vehicle caused
                             by or arising out of the use of the vehicle in a public place:
                               
                            Provided that a policy may not be required-

(i)                  to convert the liability in respect of the death, arising out and in the course of his employment, of the employee of a person insured by the policy or in respect of bodily injuries sustained by such an employee arising out of and in the course of his employment other than a liability arising under the Workmen’s Compensation Act, 1923 (8 of 1923) in respect of the death of, or bodily injury to , any such employee-
(a)    engaged in the driving of the vehicle, or
(b)   if it is a public service vehicle engaged as a conductor of the vehicle or in examining the tickets on the vehicle, or
(c)    if it is a goods carriage being carried in the vehicle, or
(i)                  to cover the contractual liability.
                Explanation:-For the removal of doubts, it is hereby declared that the death or bodily injury to any person or damages to any property of a third party shall be deemed to have been caused by or arisen out of, the vehicle in a public place notwithstanding that the person who is dead or injured or the property which has been damaged was not in a public place at the time of the accident, if the act or omission which lead to the accident occurred in a public place.
  (2) Subject to the provisions of sub-section (2), a policy of insurance referred to in sub-section (1), shall cover any liability incurred in respect of any accident,  up to the following limits, namely,-
                (a) save as provided in clause (b), the amount of liability incurred;
              (b) in respect of damage to any property of a third party, a limit of rupees six thousand:
               
Provided that any policy of insurance issued with any limited liability and in force, immediately before the commencement of this Act, shall continue to be effective for a period of four months after such commencement or till the date of expiry of such policy whichever is earlier.

  (3) A policy shall be of no effect for the purposes in this chapter, unless and until there is issued by the insurer in favor of the person by whom the policy is effected a certificate of insurance in the prescribed form and containing the prescribed particulars of any condition subject to which the policy is issued and of any other prescribed matters, and different forms particulars and matters may be prescribed in different cases.

  (4)  Where a cover note issued by the insurer under the provision of this Chapter or the rules made thereunder is not followed by a policy of insurance within the prescribed time, the insurer shall, within seven days of the expiry of the period of validity of the cover note, notify the fact to the registering authority in whose records the vehicle to which the cover note relates has been registered or to such other authority as the State Government may prescribe.

  (5) Notwithstanding anything contained in any law for the time being in force, an insurer issuing a policy of insurance under this section shall be liable to indemnify the person or classes of persons specified in the policy in respect of any liability which the policy purports to cover in the case of that person or those classes of persons.

 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 such 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.

  (5) If the amount which an insurer becomes liable under this section to pay in respect of a liability incurred by a person insured by a policy exceeds the amount for which the insurer would apart from the provisions of this section be liable under the policy in respect of that liability, the insurer shall be entitled to recover the excess from that person

 (6) In this section 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.
 150. Right of third parties against insurers in insolvency of the insured,- (1) Where under any contract of insurance effected in accordance with the provisions of this Chapter, a person is  insured against liabilities which he may incur  to third parties, then-

(a)    In the event of the person becoming insolvent or making a composition or arrangement with his creditors; or

(b)   When the insured person is a company, in the event of winding  or order being made or a resolution for the winding up being passed with respect to  the company or of a receiver or a manager of the company’s business or undertaking being duly appointed, or of possession being taken by or on behalf of the holders of any debentures secured by a floating charge of any property comprised in or subject to the charge.

If, either before or after that event, any such liability is incurred by the insured person, his rights against the insurer under this contract in respect of the liability shall, notwithstanding anything to the contrary  in any provision of law, be transferred to and vest in the third party to whom the liability was so incurred.
  (2) Where an order for the administration of the estate of a deceased debtor is made according to the law of insolvency, then,  if any debt provable in insolvency is owning by the deceased in respect of a liability to a third party against which he was insured under a contract of insurance in accordance with the provisions of this Chapter, the deceased debtors rights against the insurer in respect of that liability, shall, notwithstanding anything to the contrary in any provisions of law, be transferred to and vest in the person whom the debt is owing.
 (3) Any condition in a policy issued for the purpose of this Chapter purporting either directly or indirectly to avoid the policy or to alter the rights of the parties thereunder upon the happening to the insured person of any of the events specified in clause (a) or clause (b) of sub-section (1) or upon the making of an order for the administration of the estate of a deceased debtor according to the law of insolvency shall be of no effect.
 (4) Upon a transfer under sub-section (1) or sub-section (2), the insurer shall be under the same liability to the third party as he would have been to the insured person, but-
  (a) if the liability of the insurer to the insured person exceeds the liability of the insurer to the third party, nothing in this Chapter shall affect the rights of the insured person against the insurer in respect of the excess, and
  (b) if the liability of the insurer to the insured person is less than the liability of insured person to the third party, nothing in this Chapter shall affect the rights of the third party against  the insured person in respect of the balance.
151. Duty to give information as to the insurance,- (1)  No person against whom a claim is made in respect of any liability referred to in clause (b) of sub-section (1) of section 174 shall on demand by or on behalf of the person making the claim refuses to state whether or not he was insured in respect of that liability by  any opolicy issued under the provisions of this Chapter, or would have been so insured, to give such particulars with respect to that policy as were specified in the certificate of insurance issued in respect thereof.
  (2) In the event of any person becoming insolvent or making a composition or arrangement with his creditors or in the event of an order being made for the administration of the estate of the deceased person according to the law of insolvency, or in the event of a winding up order being made or a resolution for voluntary winding up being passed with respect to any company or a receiver or manager of the company’s business or undertaking being duly appointed or of possession being take by or on behalf of the holders of any debentures secured by  a floating charge on any property comprised in or subject to the charge, it shall be the duty of the insolvent debtor, personal representative of the deceased debtor or company, as the case may be, or the official assignee or receiver in insolvency, trustee, liquidator, receiver or manager or person in possession of the property to give at the request of any  person claiming that the insolvent debtor, deceased debtor or company is under such liability to him as is covered by the provisions of this Chapter, such information may as reasonably be required by him for the purpose of ascertaining whether any rights have been transferred to and vested in him by section 150, and for the purpose of enforcing such rights, if any, and any such contract of insurance as purports whether directly indirectly to avoid the contract or to alter the rights of the parties thereunder upon the giving of such information in the events aforesaid, or otherwise to prohibit or prevent the giving thereof in the said events, shall be of no effect.
 (3) If, from the information given to person in pursuance of sub-section (2) or otherwise, he has reasonable ground for supporting that there have or may have been transferred to  him under this
Chapter rights against any particular insurer, that insurer shall be subject to the same duty as is imposed by the said sub-section on the persons therein mentioned.
 (4) The duty to give the information imposed by this section shall include a duty to allow all contracts of insurance, receipt for premiums, and other relevant documents in the possession or power of the person on whom the duty is so imposed to be inspected and copies thereof to be taken.





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