Page 143 - The Motor Vehicles Act, 1988

SECTION 155 THE MOTOR VEHICLES ACT, 1988 129

in the said events, shall be of no effect.
(3) If, from the information given to any 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, the 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, receipts 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.
152. Settlement between insurers and insured persons
(1) No settlement made by an insurer in respect of any claim which might be made by a
third party in respect of any liability of the nature referred to in clause (b) of sub-section (1) of
section 147 shall be valid unless such third party is a party to the settlement.
(2) Where a person who is insured under a policy issued for the purposes of this Chapter
has become insolvent, or where if such insured person is a company, a winding up order has
been made or a resolution for a voluntary winding 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,
nor any waiver, assignment or other disposition made by or payment made to the insured person
after the commencement 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, waiver,
assignment or disposition or payment has been made.
153. Saving in respect of sections 150, 151 and 152
(1) For the purposes of sections 150, 151 and 152 a reference to “liabilities to their parties”
in relation to a person insured under any 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 wound
up voluntarily merely for the purposes of reconstruction or of an amalgamation with another
company.
154. Insolvency of insured persons not to affect liability of insured or claims by
third parties
Where a certificate of insurance has been issued to the person by whom a policy has been
effected, the happening in relation to any person insured by the policy of any such event as is
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 and 152 on the person to whom the
liability was incurred.
155. Effect of death on certain causes of action
Notwithstanding anything contained in section 306 of the Indian Succession Act, 1925
(39 of 1925), the death of a person in whose favour a certificate of insurance had been issued, if
it occurs after the happening of an event which has given rise to a claim under the provisions of
this Chapter, shall not be a bar to the survival of any cause of action arising out of the said event
against his estate or against the insurer.