CHAPTER IX
INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS
sections 152, section 153, and section 154
sections 152, section 153, and section 154
(2) Where a person who is insured under a
policy issued for the purpose of this Chapter has become insolvent, or where
such insured person is a company, a winding
up order has been made or a resolution for a voluntary wind up has
been passed with respect to the company,
no agreement made between the insurer and the insured person after the liability
has been incurred to a third party and after the commencement of the insolvency
or winding up, as the case may be, or any waver, assignment or other
disposition made by or payment made to the insured person after the
commencement of aforesaid shall be effective to defeat the rights transferred
to the third party under this Chapter, but those rights shall be the same as if
no such agreement or waiver, assignment or disposition or payment has been
made.
153. Savings in respect of sections 150, 151, and 152,- (1) For the purpose of sections 150, 151 and
152 a reference to “liabilities to third parties” in relation to a person under
any such policy of insurance shall not include a reference to any liability of
that person in the capacity of insurer under some other policy of insurance.
(2) The provisions of sections 150, 151, and
152 shall not apply where a company is voluntarily merely for the purpose of
reconstruction or of an amalgamation with another company.
154. Insolvency of insured persons not to affect the liability of
insured or claims of third parties,- Where a certificate of insurance has
been issued to the person by whoma policy has been effected, the happening in
relation to any person insured by the policy of any such event as mentioned in
sub-section (1) or sub-section (2 of section 150 shall, notwithstanding
anything contained in this Chapter, not affect any liability of that person of
the nature referred to in clause (b) of sub-section (1) of section 147; but nothing
in this section shall affect any rights against the insurer conferred under the
provisions of sections 150, 151, 152 and on the person to whom the liability
was incurred.
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