Page 144 - The Motor Vehicles Act, 1988
P. 144
130 THE MOTOR VEHICLES ACT, 1988 SECTION 158
156. Effect of certificate of insurance
When an insurer has issued a certificate of insurance in respect of a contract of insurance
between the insurer and the insured person, then—
(a) if and so long as the policy described in the certificate has not been issued by the
insurer to the insured, the insurer shall, as between himself and any other person
except the insured, be deemed to have issued to the insured person a policy of
insurance conforming in all respects with the description and particulars stated
in such certificate; and
(b) if the insurer has issued to the insured the policy described in the certificate, but
the actual terms of the policy are less favourable to persons claiming under or by
virtue of the policy against the insurer either directly or through the insured than
the particulars of the policy as stated in the certificate, the policy shall, as between
the insurer and any other person except the insured, be deemed to be in terms
conforming in all respects with the particulars stated in the said certificate.
157. Transfer of certificate of insurance
(1) Where a person in whose favour the certificate of insurance has been issued in accordance
with the provisions of this Chapter transfers to another person the ownership of the motor vehicle
in respect of which such insurance was taken together with the policy of insurance relating
thereto, the certificate of insurance and the policy described in the certificate shall be deemed to
have been transferred in favour of the person to whom the motor vehicle is transferred with effect
from the date of its transfer.
Explanation : For the removal of doubts, it is hereby declared that such deemed transfer
shall include transfer of rights and liabilities of the said certificate of insurance and policy of
insurance.
(2) The transferee shall apply within fourteen days from the date of transfer in the prescribed
form to the insurer for making necessary changes in regard to the fact of transfer in the certificate
of insurance and the policy described in the certificate in his favour and the insurer shall make
the necessary changes in the certificate and the policy of insurance in regard to the transfer of
insurance.
158. Production of certain certificates, licence and permit in certain cases
(1) Any person driving a motor vehicle in any public place shall, on being so required by
a police officer in uniform authorised in this behalf by the State Government, produce—
(a) the certificate of insurance;
(b) the certificate of registration;
(c) the driving licence; and
(d) in the case of a transport vehicle also the certificate of fitness referred to in
section 56 and the permit,
relating to the use of the vehicle.
(2) If, where owing to the presence of a motor vehicle in a public place an accident occurs
involving death or bodily injury to another person, the driver of the vehicle does not at the time
produce the certificates, driving licence and permit referred to in sub-section (1) to a police
officer, he shall produce the said certificates, licence and permit at the police station at which he
makes the report required by section 134.
(3) No person shall be liable to conviction under sub-section (1) or sub-section (2) by
reason only of the failure to produce the certificate of insurance if, within seven days from the
date on which its production was required under sub-section (1), or as the case may be, from the