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The Motor Vehicles Act, 1988

151. Duty to give information as to insurance.

  1. No  person against whom  a claim  is made in respect of any liability referred to in clause  (b) of sub-section (1) of section 147 shall on demand by or on behalf  of the  person making  the claim refuse to state whether or not he  was 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 a composition or  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  at 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  provisions  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 150,  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.

Motor Vehicles Act, 1988 Back

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