Page 46 - The Motor Vehicles Act, 1988
P. 46

(xlvi)          THE MOTOR VEHICLES (AMENDMENT) ACT, 2019

                                      (5) Where a cover note issued by the insurer under the provisions of this
                                 Chapter or the rules or regulations made thereunder is not followed by a policy
                                 of insurance within the specified time, the insurer shall, within seven days of
                                 the expiry of the period of the validity of the cover note, notify the fact to the
                                 registering authority or to such other authority as the State Government may
                                 prescribe.
                                      (6) Notwithstanding anything contained in any other 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 arrangement between India and any
                                 reciprocating country, the motor vehicle registered in the reciprocating country
                                 operates on any route or within any 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 with the requirements of the law of insurance
                                 for the time being in force in that country, then, notwithstanding anything
                                 contained in section 147 but subject to any rules which may be made under
                                 section 164B such policy of insurance shall be effective throughout the route or
                                 area in respect of which the arrangement has been made, as if the policy of
                                 insurance had complied with the requirements of this Chapter.
                                 149. Settlement by insurance company and procedure therefor
                                      (1) The insurance company shall, upon receiving information of the
                                 accident, either from claimant or through accident information report or
                                 otherwise, designate an officer to settle the claims relating to such accident.
                                      (2) An officer designated by the insurance company for processing the
                                 settlement of claim of compensation may make an offer to the claimant for
                                 settlement before the Claims Tribunal giving such details, within thirty days
                                 and after following such procedure as may be prescribed by the Central
                                 Government.
                                      (3) If, the claimant to whom the offer is made under sub-section (2),—
                                        (a) accepts such offer,—
                                            (i)  the Claims Tribunal shall make a record of such settlement,
                                                and such claim shall be deemed to be settled by consent; and
                                           (ii)  the payment shall be made by the insurance company within
                                                a maximum period of thirty days from the date of receipt of
                                                such record of settlement;
                                        (b) rejects such offer, a date of hearing shall be fixed by the Claims
                                            Tribunal to adjudicate such claim on merits.
                                 150. 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 favour of the person by whom a policy has been effected,
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