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MVA, 1988
Start Practicing
MVAChapter XISection 153
Section153

Saving in respect of sections 150, 151 and 152

AI Assist

Summary

When applying sections 150, 151 and 152, a person’s "liabilities to third parties" does not include any liability that person has in the capacity of insurer under some other insurance policy. So being an insurer under a different policy is excluded from third‑party liability for those provisions. Also, those three sections do not apply when a company is voluntarily wound up solely for reconstruction or amalgamation with another company.

Example

Priya has a motor insurance for her car and has also agreed to act as an insurer on a separate policy for a neighbour. If a claim arises under sections 150, 151 and 152 against Priya’s car, her liability as insurer under the other policy will not be treated as a "liability to third parties" for those sections.

Bare Act

Enacted text

(1) For the purposes of sections 150, 151 and 152 a reference to “liabilities to third parties” in relation to a person insured under any policy of insurance shall not include a reference to any liability of that person in the capacity of insurer under some other policy of insurance.

(2) The provisions of sections 150, 151, and 152 shall not apply where a company is wound-up voluntarily merely for the purposes of reconstruction or of an amalgamation with another company.

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XI

Chapter XI

Insurance of Motor Vehicles Against Third Party Risks

In this chapter

  • 145Definitions
  • 146Necessity for insurance against third party risk
  • 147Requirements of policies and limits of liability
  • 148Validity of policies of insurance issued in reciprocating countries
  • 149Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks
  • 150Rights of third parties against insurers on insolvency of the insured
  • 151Duty to give information as to insurance
  • 152Settlement between insurers and insured persons
  • 153Saving in respect of sections 150, 151 and 152
  • 154Insolvency of insured persons not to affect liability of insured or claims by third parties
  • 155Effect of death on certain causes of action
  • 156Effect of certificate of insurance
  • 157Transfer of certificate of insurance
  • 158Production of certain certificates, license and permit in certain cases
  • 159Production of certificate of Insurance on application for authority to use vehicle
  • 160Duty to furnish particulars of vehicle involved in accident
  • 161Special provisions as to compensation in case of hit and run motor accident
  • 162Refund in certain cases of compensation paid under section 161
  • 163Scheme for payment of compensation in case of hit and run motor accidents
  • 163ASpecial provisions as to payment of compensation on structured formula basis
  • 163BOption to file claim in certain cases
  • 164Power of Central Government to make rules
Previous · Section 152Settlement between insurers and insured personsNext · Section 154Insolvency of insured persons not to affect liability of insured or claims by third parties