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. Read more

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.” Read more

Motor TP Claim Motor Vehicles Act, 1988 Requirement of Permit Absence of permit Burden to prove Onus

Plying a vehicle without a permit is an infraction. Therefore, in terms of Section 149(2) M. V. Act, 1988 defence is available to the insurer on that aspect. The acceptability of the stand is a matter of adjudication. The question of policy being operative had no relevance for the issue regarding liability of insurer. Read more