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
   139   140   141   142   143   144   145   146   147   148   149