CRITICAL ANALYSIS OF THIRD-PARTY INSURANCE OF MOTOR VEHICLES ACT By- Ayush Das
CRITICAL ANALYSIS OF THIRD-PARTY
INSURANCE OF MOTOR VEHICLES ACT
Authored By- Ayush Das
BANGALURU CAMPUS
NAME :- AYUSH DAS
STUDENT
ID :- 81022200290
COURSE :-
BBA-LLB(Hons.)
SUBJECT :- LAW OF TORTS
GUIDED
BY :- ALISHA THOMAS
CONTENTS
SL.NO. TOPIC PAGE
NO.
1.
ABSTRACT 1
2.
INTRODUCTION 2-4
3.
LITERATURE REVIEW 5-6
4.
STATRMENT OF PROBLEMS 7
5.
RATIONAL OF THE STUDY 8
6.
RESEARCH QUESTIONS 9
RESEARCH OBJECTIVES
RESEARCH METHODOLOGY
7.
CHAPTER-1 10
1.1. MEANING
1.2. NATURE
1.3. SCOPE
8.
CHAPTER- 2 11-13
2.1. JUDICIAL PRECEDENTS
IN 18TH AND 19TH CENTURY
2.2. JUDIAL VIEW OF 21ST
CENTURY
9.
CHAPTER -3 14-15
COMPARATIVE METHODOLOGY
(USA, UK AND INDIA)
10.
CHAPTER -4 16
CRITICAL ANALYSIS
11.
CHAPTER -5 17-18
5.1. SUGGESSIONS
5.2. CONCLUSION
12.
BIBLIOGRAPHY 19-20
ABSTRACT
India tops the list of all nations
for the greatest number of fatalities from traffic-related incidents. In India,
traffic-related deaths, serious accidents, and minor injuries affect more than
seven million people annually, making traffic-related accidents the sixth most
common cause of mortality. Despite being a significant public health problem
that affects both the most at-risk and the most productive members of society.
In India, the cost of road accidents is 2% of GDP annually. Motor vehicle Act
is on of the most comprehensive legislation regulating and combating the issues
and problems pertaining to all major facts , existing issues and components of
the motor vehicle related domain. It maybe regulation practices , license,
safety of roads , roads infrastructure
or granting compensation in any accident case. Although the parliamentary and
legislative intent with the judicial precedents are tackling the complexities
involved in Motor -Vehicle Act 1988 and its amendment in 2019. But there are a
few major highlighting issues such as just compensation , tortious liability ,
no fault liability & liability of insurance companies; international road
safety jurisprudence under Motor Vehicle act and the role of insurance
companies require more deliberations and explanations. The present research
article is dealing with the major specific deliberations involved in the Motor
Vehicle Act in the light of judicial precedents and legislative intent and
discusses how the government The Motor Vehicles Act of 2019 will bring about
significant changes and will also investigate the impacts of implementing new
legislation. It is supported by a strong willed commitment to boosting road
safety and lowering accidents.
Keywords :- Keywords: Motor Vehicle
Act 2019, Amendment, Road Safety, Accidents, Deaths, compensation ,tortious
liability, no fault liability, insurance companies.
INTRODUCTION
Insurance is a contract between two
parties—an insurer and an insured—under which one party guarantees the other's
financial security in exchange for payment of a premium. Motor vehicle
insurance is one of several types of insurance and is governed by the Motor
Vehicles Act of 1939, which was later revised in 1988.
As open
Access Journal From The Law Brigade (publishing) group
Road accidents are now more likely
given the growth in the number of vehicles using the roads. The injured
parties—peddlers, rickshaw drivers, and other automobile owners who incurred
damage—sue the negligent driver. But frequently the driver of The at-fault car
is either unable to recompense the injured party or is not in a position to do
so makes the problem worse and renders the injured individual incapable of
receiving .To address thisproblem The idea for third-party liability insurance
originated in England. India's laws have beenbuilt along the pattern of
numerous English statues. Now, each vehicle using the route must have
required third-party insurance so that the insurance provider will be
compensatedto pay this makes the situation worse and injured person is left
helpless and can not receiver. This was
done to ensure that the victim of the accident would not suffer if the driver
refused to compensate them. In certain circumstances, the insurer defends the
insured against third-party liability. Only once the insured's liability is
established does insurance become responsible to pay.
Someone other than the insured and insurer is
the beneficiary of this insurance, it is known as third party insurance. In the
event that a third person sustains either death or physical harm, the insurer
is held entirely responsible. According to a recent source, a bill that would
limit the insurer's liability has been passed. Defendants' insurance essentially
functions as a type of liability insurance. Regardless of what caused the
losses or damages, the first person is liable for them. Automobile insurance is
one of the most popular forms of third-party insurance.
Third party insurance provides
protection against claims of losses and damages sustained by the principal
driver, who is not covered by the insurance policy because he or she is not
insured. The third party is the driver who damaged the property.
Insurance, or a piece of insurance, that shields the first party (the policy
holder) from legal responsibility to a third party (the other person/property
involved, such as the other automobile involved in a traffic collision), is
known as third-party liability insurance.
The policyholder, or I, is the first
party.
The second party is the insurer, in
this case RAS Insurance Ireland DAC for car insurance.
The other person or piece of property
involved, such as the other automobile in a traffic collision or the claimant,
is referred to as the third party.
Increasingly, the scope of vendor
management includes subcontracting and on-sourcing arrangements to reduce
fourth party risk. Third party risk management is the process of identifying
and reducing risks connected without sourcing the third-party vendors or
service providers lowers the chance of a
fourth party vehicle involved in a traffic collision
1.For high-risk vendors who handle
sensitive data, intellectual property, or other sensitive information, this is
especially crucial. Regulators throughout the world are enacting new
regulations to make it more difficult for vendors to engage in certain digital
risks, which regulatory obligation for vendor risk management. This may
involve overseeing sourcing agreements and subcontracting management (fourth
party risk).
2.Section 146 of the Motor Vehicles Act
of 1988 mandates that all motor vehicles have third-party risk insurance. Now,
section 177 of the Act provides penalties for violating this provision.
According to sections 146(2) and 146(3) of the Act, motor vehicles owned by the
federal, state, or local governments and utilised for governmental purposes
only, unrelated to any commercial operation, are free from the requirement to
carry third-party insurance.
3.According to Section 140(1), the
owner of the vehicle, or as the case may be, the owners of the vehicles, shall
be jointly and severally liable to pay compensation in respect of such death or
disablement in accordance with the provisions of this section. This liability
shall apply whether the accident resulted in temporary or permanent disability
of any person. It is prohibited to assign a specific meaning to the word
"Usage" in the phrase "accident arising out of the use of a
Motor Vehicle" under this provision. As a result, it will cover the
incident in which a worker loading a motor vehicle was electrocuted as a result
of a high tension wire drawn above that location. AIR 1996 Ker 95, Babu V.
Remensen.
4. Section 142 of the Act defines
"permanent disability." It states that an accident of the kind
described in sub-section (1) of section 140 shall be deemed to have caused
permanent disablement of a person if that person has sustained any injury and
injuries involving- (a) Permanent privation of the sight of either eye or the
hearing of either ear or privation of any member or joint; (b) destruction or
permanent impairing of the power of any member or joint; (c) or permanent disfi
This is crucial for high-risk
situations.
LITERATURE REVIEW:-
BOOKS
:-
Ø According to Ivamy1, "A contract
of insurance in the broadest sense of the term may be defined as a contract
where one person, the insurer, undertakes in turn to pay another person, the insured,
a sum of money or its equivalent on the happenings of a specified event for the
agreed consideration called the premium."
Ø Modern Insurance Law, according to
Jhon Birds2: "The contract of insurance is generally governed by the laws
that are a part of the general law of contract, but there's no denying that
over the years it has attracted many principles of its own.
Ø According to Robert E. Keeton,
"most insurance regulation initiatives have been initially designed to
serve one or more of three main aims." Priority one is to prevent
insurance overreach, priority two is to ensure the stability and solvency of
insurers, and priority three is to ensure that rating categories and rates are
appropriate and fair.
ARTICLES:-
Ø
Madan Mohan Dutta, Goutam Mitra.
Indian Journal Of Management Science
5(2) 72, 2015.
The auto insurance business in India
has made a significant contribution to the growth of the general insurance
industry. In India, it generates 53% of all premium income from general
insurance.Akshat Choudhury
Issue 5 Int’ L JL Mgmt. & Human ,
3,69,2020
Motor vehicle act in one of the most
comprehensive legislation regulating and combating the issues and problems pertaining
of all the major facts, existing issues and components of the Motor Vehicle
related domain. It may be regulating, practices, procedures adopted for granting
permits, license safety at roads or granting compensation in any case. Although
the Parliamentary and legislative intent with the judicial precedents are
tackling in complexities involved in Motor Vehicle Act 1988and its amendment in
2019. But there a few major highlighting issues such as just compensation,
tortious liability , no fault liability & liability of insurance companies
requires more deliberations and expectations.
Ø Ann laya Melbin, Anna Ashna Raphel, Anshiya
a Antony
Since its implementation on September
1, 2019, the Motor Vehicle (Amendment) Act of 2019 has increased the fines for
a number of offences in an effort to reduce traffic accidents and enhance road
safety around the nation. The Motor Vehicles Bill of 2019 revised the Motor
Vehicles Act of 1988 to address the threat of traffic accidents. On July 23,
2019, the Lok Sabha will vote to approve this new law, and on July 31, the
Rajya Sabha will do the same.
Statement of Problem
Unlike other insurance policies,
purchasing or renewing third party insurance policies is not that much simpler
because not all insurers offer this online. Nevertheless, we can look for
insurers that do and buy or renew it online. There are some cases associated to
third party insurance, just like there are pros. One of them is the reality
that, should an accident occur, our insurance would not shield us from the harm
done to our car. If we caused the accident, we are also responsible for paying
for all necessary repairs. A third-party insurance coverage can protect us from
a lot of financial and legal headaches. Third-party insurance coverage varies
from firm to company., therefore before making a decision, we would have to
analyse the costs and advantages provided by the different businesses .A third --party liability policy offered a
driver/owner personal accident insurance policy up to Rs 2 lakhs. This is depending
on the rules and regulations mentioned in the car insurance policy. Considering
today’s hospitalization and medical treatment charges, such as a cover might
not be sufficient. Our medical expenses might be much higher than the claim
amount received in case we suffer a personal injury while driving the car.
Rationale of Study
The rate of motor vehicle accidents
and the intricacies generated by motor vehicle on the road is a phenomenon
which a well-known to one and all in India. Alarming rates and rapid increase
of motor vehicle accidental negligence cases are at a rise as rightfully
observed by the most intricate and dangerous means of transportation, according
to the council on road safety and traffic management. ‘’. Road safety is the
basic and utter concern for every citizen. The causalities generated by the
tragic incidents at roads require a careful understanding and a liberal
approach towards the injured a careful understanding and compensation is term
which has a very wide meaning. Just means something which is fair and satisfying.
On aspect of liability, more dependence on the motor vehicle status & rules
is not a correct approach; there must be a resort towards common law
principles. Common law principles are the source code as to causality generated by the tragic incidents at roads the
injured or deceased. On the aspect of liability more a correct approach; there
must be a resort towards common law principles.
Research Questions
1. Why insurance against third party
is necessary?
2.
What are the grounds under which an insurer can defend payment in a
third claim?
3.What is the risk of a motor vehicle
to other parties??
4. The third party is who? What does
it mean and do gratuitous people qualify as "third parties"?
5. What exactly does third party
insurance cover, and is the insured himself covered or not?
6.Whether third party claim on car
transfers exists and if so, how much compensation is paid.?
Research objectives
This essay aims to
clarify third party insurance concerns and issues in the context of the Motor
Vehicles Act of 1988. It will investigate the insurer's level of
responsibility, third party determination, and any other objections.
1. To determine if the structured
compensation schedule outlined in the third-Party Risks is still relevant.
2. To determine the difficulties in regulating
the insurance industry brought on by the risks associated with third-party
motor vehicles.
3. It is advised that a public service vehicle
insurance rule be adopted that takes into account the requirements of both the
insurance sector and insurance policyholders.
Research Methodology
To comprehend the idea of third party
insurance, the research looked at a variety of web sources. The doctrinal
technique of study has been employed with the aid of several books, legal precedents,
and journal articles.
CHAPTER-1
1.1.
Meaning
A third party liability
insurance coverage protects us from the financial burden of third-party losses.
One may be held liable for the person's financial loss if our car damages a
third party's vehicle, their property, or causes them physical harm. It is a
specific kind of plan that compensates the third party on our behalf and covers
these monetary losses.
1.2 Nature
Ø According to the Motor Vehicle Act of
1988, which oversees traffic laws in India, any vehicle that travels on Indian
roads must carry third-party liability insurance. In the event that we incur
any financial losses as a result of the car, the third-party car insurance
policy is the absolute minimum insurance coverage to defend their interests.
Following are the characteristics of
third-party coverage:
Ø The cover is required. If we are
detected without a proper cover, we may be subject to legal repercussions, such
as fines, penalties, and in certain cases, jail.
Ø If we purchase a new vehicle, we must
purchase third-party insurance for a minimum of three years straight. It is
also necessary to have long-term insurance.
Ø However, annual coverage is available
for older vehicles.
Ø The cost is the same for all
insurance providers.
Ø The premium is paid annually, and
rates may change if necessary.
1.3
Scope
The cover is required. If we are
detected without a proper cover, we may be subject to legal repercussions, such
as fines, penalties, and in certain cases, jail.
If we purchase a new vehicle, we must
purchase third-party insurance for a minimum of three years straight. It is
also necessary to have long-term insurance.
However, annual coverage is available
for older vehicles.
The cost is the same for all
insurance providers
The premium is payed annually,and
rates may change if necessary.
If we were to incur a financial
obligation in any of these scenarios, the insurance would take care of the
obligation and provide compensation. But if our automobile is damaged or stolen
and we lose money, such loss would not be covered by the insurance.
CHAPTER-2
2.1. Judicial precedents in 18th
and 19th century
As evidenced by the findings of the
"Motor Vehicles Insurance Committee 1936-1937," chapters vii of the
1939 Act and chapter xi of the 1988 Act were adopted in accordance with the
general structure of various English statutes. It is crucial to trace the historical
development of the law for compulsory third-party in England in order to
determine the true aim behind the enactment of Ss. 96 of the 1939 Act, which
corresponds to Ss. 149 of the 1988 Act. Prior to 1930, there was no law
requiring third-party rights to be protected by mandatory insurance. EnglandWhen
an accident occurred, the wounded person used to file a lawsuit against the
driver to recover damages.
However, it frequently turned out
that the driver of the at-fault car lacked the financial resources to
compensate the injured party or the dependent of the deceased, making it
impossible for claimants to obtain compensation. Different laws were passed as
a result of these conditions. The "Third Parties' Rights against Insurance
Act 1930" was first passed in England to address the dilemma. S.97 of the
1938 Act, which provided third parties the authority to sue insurers directly,
included a provision of this Act. The Road Traffic Act of 1930 was subsequently
passed, mandating mandatory insurance for motor vehicles. S95 of the Act's
provisions was incorporated into theIt is important to note that certain
insurance policy provisions were rendered useless insofar as third parties were
concerned by the English Act of 1930.The purpose of the clause was to ensure
that the third party would not suffer as a result of the insured's failure to
adhere to the insurance policy's requirements. 1939 act and s146 of 1988 Act
The second Road Traffic Act was
subsequently passed in 1934. This legislation's goal was to fulfil the
insured's responsibility. Three activities were permitted by this law. The
first step was to pay the judgement that was entered against the insured. The
second was that the claimant had the right to take legal action against the
insurance if it did not release its liability. The insurer could, however,
disclaim obligation in certain circumstances, including those listed in section
Ss146(2)(a), which is equivalent to section 149(2)(a) of 1988 Act,insurer could
defend his liability.
S10(3) of the Road Traffic Act specified the third
measure that was contemplated. the 1988 Act. According to this clause, the insurer justifies
denying his responsibility to pay the judgement by arguing that the insurance
policy was obtained by deception or fraud. This clause was included in
S.149(2)(b) of the 1988 Act as well. Both the 1939 Act and the 1988 Act, which
included all three actions, were enacted. Neither the 1939 Act nor the 1988 Act
gave the insurer more rights than what had been granted by English Law.
Therefore, under common law, there was contributory carelessness or an insurer
was not negligent. The only legal defences allowed by statute were those that
the insurer could use to dispute the claim. Thus, the legislature's aim when
passing chapters viii of the 1939 Act or chapter xi of the 1988 Act was even
though they may be nationalised corporations, to safeguard the rights of third
parties rather than the insurer.
The purpose of the ban on driving
without a required insurance policy is to allow anyone injured while using a
motor vehicle to get compensation, regardless of the owner's or driver's
financial situation.
2.2. JUDICIAL
VIEW IN 21st CENTURY
In response to this situation, the
Indian government has passed laws that will make travel much safer. It has
occasionally passed laws to accomplish this goal
Ø Indian Motor Vehicle Act 1914
Ø Motor Vehicle Act 1939
Ø Motor Vehicle Act 1988
Ø Motor Vehicle (Amendment) Act 2019
India is a signatory to the UN Decade of
Action for Road Safety, which seeks to reduce the number of roads by 50% by the
year 2020.
The mandatory personal accident (CPA)
coverage was increased from 2 lakhs to 15 lakhs as per the Supreme Court of
India order, which took effect on September 1, 2018. New cars and two-wheelers
purchased after that date would need to have a long term THIRD PARTY BIKE
INSURANCE POLICY of 3 years or 5 years, respectively.
According to a circular from the
Insurance Regulatory and Development Authority of India (IRDAI), the personal
accident component of motor insurance was separated on January 1st, 2019..
In accordance with a circular
released by the Insurance Regulatory and Development Authority of India
(IRDAI), motor vehicle firms will be permitted to offer separate STANDARD
ANNUAL OWN DAMAGE COVER for vehicles and two-wheelers starting on September 1,
2019.Motor Vehicle amendment Act 2019 has strong implications for the offenders;
The Motor Vehicles (Amendment Act) 2019's sections 50 to 57 and 93 have been
declared by the Central Government to take effect on April 1st, 2022.
CHAPTER:-3
Comparative Methodology: -
United States:
The purpose of vehicle insurance in
the US, commonly referred to as ear insurance or auto insurance, is to protect
against the risk of financial liability or the loss of a motor vehicle in an
accident that causes property or bodily harm. The majority of states mandate
that motor vehicle owners maintain a certain minimum amount of liability
coverage. States like Virginia, where an uninsured motor vehicle tax may be
paid to the state, New Hampshire, and Mississippi, which gives vehicle owners
the option to post cash bonds, do not need automobile owners to carry auto
insurance. Article IV of the US's privileges and immunities clause. The right
of people in one state to visit another state is protected by the Constitution.
Usually, the owner of a vehicle insurers a monthly fee, often called an
insurance premium. known as an insurance The type of covered vehicle, marital
status, credit score, whether the driver rents or owns a home, the age and
gender of any covered drivers, and the area where the vehicle is generally
driven and stored all play a role in determining the insurance premium a motor
vehicle owner must pay. Based on these variables, the majority of insurance
firms will raise insurance premium prices; discounts are offered less
frequently.
UNITED KINGDOM
The purpose of vehicle insurance in
the US, sometimes referred to as ear insurance or auto insurance, is to pay
insurers a monthly premium, also known as an insurance The Every person who
used a motor vehicle on public roads in the UK was required by law to carry
third party personal injury insurance by 1930. The Road Traffic Act 1988, which
was last modified in 1991 and is now known as the RTA1988 as amended,
establishes this law today. The Act protects drivers from liability for
injuries to others (including passengers) and for damage to other people's
property resulting from use of a vehicle by requiring them to have insurance or
make a specified deposit and keeping those funds deposited with the Accountant
General of the Supreme Court a consequence of driving on a public road in other
public places.
Vehicles kept in the UK are required
to maintain ongoing insurance coverage unless a statutory off-road notification
(SORN) has been duly filed. This need resulted from a legal modification made
in June 2011 when a rule known as continuous enforcement of insurance was
implemented. The result of this was that in the UK, a vehicle that has not been
declared SORN is required to have a current insurance policy, regardless of
whether it is driven or not and regardless of whether it is stored on a public
road.
INDIA
The Motor Vehicle Act of 1988 went
into effect on July 1, 1989. It replaced the Motor Vehicles Act of 1939, which
had previously replaced the original law. Vehicles Act of 1914.
The "Indian Motor Vehicle Act
1920" (Act on xxvii of 1920), approved by the imperial legislative
council, revised the Indian Motor Vehicle Act of 1914. On September 2, 1920,
the Governor General of India gave his approval. Sections 11 and 18 of the 1914
Act were modified by the Act..
The Indian Motor Vehicles Act of 1924
made more changes to the Act (Act no xv of 1924). In 2016, the Motor Vehicle
Act underwent yet another revision.
Indian Motor Vehicles (Amendment)Act. 2019
The Indian Motor Vehicles
(Amendment)Act of 2019 raises the fines for traffic violations and went into
effect on September 1st.
Indian Motor Vehicles (Amendment)Act 2017.
The laws governing vehicles will be
significantly improved by this. In order to lower accident rates, it calls for
body checks on traffic officers and RTO officials to prevent corruption, 7
years in prison instead of the present 2 years for drink-driving fatalities,
third-party insurance requirements for all vehicles, and harsher punishments
for moving offences.
But the Rajya Sabha's financial
problems and the Indian Nation Congress' lack of support prevented the measure
from becoming law, and it expired after the interim budget session and because
of the general elections.
CHAPTER:- 4
Critical Analysis
While we can look for insurers who
provide this online and buy or renew it there, purchasing and renewing third
party insurance policies is not as simple as it is for other insurance
policies. As previously said, obtaining third-party insurance might spare us
from a lot of financial and legal hassles. The third party liability insurance
policy varies from business to business. Third party liability insurance is
obviously insufficient for our vehicle. The option is to purchase comprehensive
car insurance. It contains the component of the third-party liability insurance
coverage that is required. By doing this, after acquiring the coverage, we
abide by the law.
However, one must keep in mind that a
third-party policy only offers limited protection; insurance does not include
coverage for car theft or damage to our own vehicle. The third-party insurance,
which only covers personal accident add-one, does not offer a number of
valuable add-ones including zero depreciation, roadside assistance, and
accessories coverage, which are available with a comprehensive plan. Therefore,
it is strongly advised that, if we can afford it, we purchase a complete
insurance policy that also included third-party coverage. However, if the
vehicle is towards the end of its useful life and its current worth is assessed
to be too low to justify renewing comprehensive insurance policies, opting for
only third-party coverage makes sense.
CHAPTER: -5
5.1. Suggestions:
Road accidents typically affect two
groups of people: ourselves and a third party. In real life, there are no
casualties like there are in video games, and there are usually consequences
for harm done to other parties. In real life, if we get into a collision with a
third party, we might have to deal with the financial and legal fallout
regardless of who was at responsibility for the event. In such a situation,
having car insurance will shield you from any potential legal and financial
obligations that may result from harm done to a third party.
The insured's legal liability in the event
of a third party's illness or disability is covered, even if this insurance
does not cover damage to the vehicle or injuries to the policyholder. While
there is no cap on the liability cover for injury or death, the Insurance
Regulatory and Development Authority Of India (IRDA) standards limit the cover
for third party property damage insurance at Rs 75 lakh. It also covers damage
to third party vehicles and proper due to an accident.
This plan provides protection
against damage to our car caused by riots, strikes, and other unnatural
occurrences as well as man-made ones like storms, fires, and earthquakes.
Making an informed choice is
even more crucial now that multi-year third party covers are available.
Customers should research several insurers and plan possibilities before
choosing one because the upfront cost will be higher than it was previously.
They ought to shop around and get the best alternative while being wary of
those that make false claims about cashless transactions, warranties, etc.
Making an informed judgement while
buying has suddenly become more crucial. We had to request separate quotes from
the dealer for the car and for the insurance. The next step is to go online,
receive comparable quotations from all of the insurance that are accessible,
and then make an intelligent decision. They will be able to compare all of the
available insurers and make an intelligent choice even though the new
legislation may result in higher upfront costs for long-term policies. In this
approach, they can save a lot of money even if the new rule would result in
higher overall expenses.
5.2.
Conclusions
I have made an effort to evaluate the
third-party insurance need critically. It is a component of welfare legislation
designed to help outside parties. In order to prevent loss for those injured in
traffic accidents, it has been made mandatory for all cars operating on
roadways. When the offending car cannot be recovered, third parties are put in
danger since occasionally even they are unable to make restitution. The victims
frequently aren't even aware of this policy. This must be disclosed to the
third party by the insured.
They have expressed their discomfort
with having an endless liability placed on the insurance by doing so. To
address this, it is necessary to create a centralised database for claims
relating to fatalities, injuries, and total or partial disabilities in order to
maintain track of the claims. As well as reviewing the status of the
investigators handling the third-party claims, it is advisable to look into the
false claims made by the claimants. While insurance is required at the time of registration,
the authorities must take proactive measures to locate motor vehicles that do
not have it.
Additionally, the government, not the
insurer, determines the very low rate that the insured must pay for third-party
insurance, keeping in mind the insured's limitless responsibility.
BIBLIOGRAPHY
v Articles
· Akshat Chowdhury
Issue 5 Int’l JT mgmt. &Human , 369,2020
· Ann Laya Melbin , Anna Ashna Raphel ,
Anshiya Antony, 2020
Madan Mohan Datta , Goutam Mitra
· Indian Journal of Management Science 5(2)72, 2015’ DECEISSN
2231-279
v BOOKS
· Birds John. Modern In surance Laws, 9th
sweet and Maxwell ll, 2013
ISBN-10: 0414023307 ISBN- 13:978-0414023307
· Hardy Ivami ER General Principals Insurance Law,
New York : Butter Worth Law, June 1993
ISBN 1-3:
9780406013125 ISBN: 0406013128
v References
· Cases: S. Rajasee Karan V .
Union of India ,
Vol-8 , Posted:-1988
· Introduction: The Motor Vehicle Act ,
1988 Ministry Of Road Transport and Highways. Archived from the original (PDF)
on 31st May 2019. Retrieved 4July 2013
· The Motor vehicle Act 2019
· The Motor Vehicle Bill 2017
v Webliography
· businessworld.in
· Forbes advisor
· Live law News network; update -2020 –
02- 28
· renewby.com/articles
v Websites databases
o
heinonline.org
o
papers.ssrn.com
o
researchgate.net
o
scholar.google.com
Footnotes. 1. Hardy, Ivami ER.
General Principles of Insurance law. New York: Butter Worths Law, 1993.
Bird S John . Modern Insurance Laws.
9th . Sweet and Maxwell, 2013 n 17p, 556
5
[2] Author is an Advocate at the High
Court for judicature for Rajasthan Jaipur India and an Alumnus of
Hidayatullah National Law University
,Raipur India.
Sundar Committee on Road Safety and Traffic
Management of Road Transport and Highway para 1.2
2020 Inter national The Journal of Law
Management and Humanities. (ISSN 2581- 5369)
8