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Report No. 85

2.4. Scheme of sections 94-111.-

The scheme of the present provisions, in so far as they are relevant of the subject-matter of this Report, may be briefly stated. Section 93 contains certain definitions. Section 94 makes it imperative that there must be an insurance policy in relation to a motor vehicle to cover third party risk before the motor vehicle can be used or allowed to be used in a public place. Section 95 deals with the requirements of the insurance policy. It also lays down the limits of the insurer's liability. Section 96 imposes on the insurer an obligation to satisfy a judgment which might have been passed against the insured in respect of a third party risk. It also enumerates the grounds of defence available to the insurer.

Section 97 deals with the rights of third parties against the insurer on the insolvency of the insured. Section 98 casts a duty on a person against whom the claim is made to give information as to the insurer. Section 99 relates to settlement between the insurer and insured persons. Section 100 assigns meaning to the expression "liabilities to third parties.". Section 101 relates to insolvency of insurer. Section 102 deals with effect of death.

Sections 103 to 108 deal with certain matters of detail, concerning insurance. Section 109 imposes a duty on the registering officer or on the officer in charge of a police station to furnish particulars of a vehicle involved in an accident. Then follow a number of provisions1 (sections 110 to 110E) concerned with Claims Tribunals, their composition, applications before them, their awards, appeals, powers and procedure. Jurisdiction of the Civil Court is barred if a Claims Tribunal is created (section 110F). Sections 111 and 111A deal with rules.

1. See also para. 1.9, supra.

Claims for Compensation under Chapter 8 of the Motor Vehicles Act, 1939 Back

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