Jald Rahat Yojana is an unique Pre-litigation Scheme for settlement of Third Party Motor Insurance Claim

Nature of Jald Rahat Yojana – The Jald Rahat Yojana came into with effect from 14 th March. 1992. This is a Pre-litigation Scheme for settlement of Third Party Motor Insurance Claims for motor accident victims.

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Concept of Liability without Fault” in motor insurance? How Motor Vehicle Act deals with without fault liability?

Sec 140 of Motor Vehicles Act, 1988 deals with the liability without fault. The claimant involved in a motor vehicle accident is not required to prove wrongful act, neglect, or default on the part of the owner of the vehicle or by any other person.

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Why Motor Third Party Insurance in compulsory in India

Section 146 of the Motor Vehicles Act, 1988 provides that no person shall use ( except as a passenger), or allow any other person to use, a motor vehicle in a public place, unless the vehicle is covered by a policy of insurance complying with the requirement of the Act.

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Provisions under Motor Vehicles Act regarding Transfer of Certificate of Insurance in India

The 1988 Act requires issue of a Certificate of Insurance by the insurers as proof of Third party insurance to satisfy the requirements of Chapter XI of the Act. The Certificate of Insurance Form 51 must be in the form prescribed under the Motor Vehicles Rules framed under the Act. Certificate is to be issued by the “Authorized Insurer and Authorized Government insurance Fund” who are authorized to do general insurance business in India. Certificate of insurance includes Cover Note and Policy of Insurance includes ‘Certificate of Insurance.”

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A motor insurance policy does not indemnify the loss or damages caused by a drunk driver

Recently an incident was reported in media wherein a lady who was allegedly under the influence of alcohol banged her car into traffic policeman, as well as a biker whom the traffic policeman was checking. Sadly, both died in this unfortunate accident. Not only she, there are many such instances have been highlighted by the media in the past.

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