Page 50 - The Motor Vehicles Act, 1988

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

insured in respect of that liability by any policy issued under the provisions of
this Chapter, or would have been so insured if the insurer had not avoided or
cancelled the policy, nor shall he refuse, if he was or would have been so insured,
to give such particulars with respect to that policy as were specified in the
certificate of insurance issued in respect thereof.
(2) In the event of any person becoming insolvent or making an
arrangement with his creditors or in the event of an order being made for the
administration of the estate of a deceased person according to the law of
insolvency, or in the event of a winding-up order being made or a resolution
for a voluntary winding-up being passed with respect to any company or of a
receiver or manager of the company’s business or undertaking being duly
appointed or of possession being taken by or on behalf of the holders of any
debentures secured by a floating charge on any property comprised in or subject
to the charge, it shall be the duty of the insolvent debtor, personal representative
of the deceased debtor or company, as the case may be, or the official assignee
or receiver in insolvency, trustee, liquidator, receiver or manager, or person in
possession of the property to give, on the request of any person claiming that
the insolvent debtor, deceased debtor or company is under such liability to
him as is covered by the provision of this Chapter, such information as may
reasonably be required by him for the purpose of ascertaining whether any
rights have been transferred to and vested in him by section 151 and for the
purpose of enforcing such rights, if any, and any such contract of insurance as
purports whether directly or indirectly to avoid the contract or to alter the rights
of the parties thereunder upon the giving of such information in the events
aforesaid, or otherwise to prohibit or prevent the giving thereof 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, that 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.
153. 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) The Claims Tribunal shall ensure that the settlement is bona fide and
was not made under undue influence and the compensation is made in
accordance with the payment schedule referred to in sub-section (1) of section
164.
(3) Where a person who is insured under a policy issued for the purpose
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