Settlement between insurers and insured persons
Section 152 of the Motor Vehicles Act deals with settlement between insurers and insured persons. No settlement made by an insurer in respect of any claim which might be made by a third party in respect of any liability of the nature referred to in clause (b) of sub-section (1) of section 147 shall be valid unless such third party is a party to the settlement.
(1) No settlement made by an insurer in respect of any claim which might be made by a third party in respect of any liability of the nature referred to in clause (b) of sub-section (1) of section 147 shall be valid unless such third party is a party to the settlement.
(2) Where a person who is insured under a policy issued for the purposes of this Chapter has become insolvent, or where, if such insured person is a company, a winding up order has been made or a resolutionfor a voluntary winding up has been passed with respect to the company, no agreement made between the insurer and the insured person after the liability has been incurred to a third party and after the commencement of the insolvency or winding up, as the case may be, nor any waiver, assignment or other disposition made by or payment made to the insured person after the commencement aforesaid shall be effective to defeat the rights transferred to the third party under this Chapter, but those rights shall be the same as if no such agreement, waiver, assignment or disposition or payment has been made.
Section 152, The Motor Vehicles Act (Act 59 of 1988).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 2
Questions about Section 152
What does Section 152 of the Motor Vehicles Act deal with?
Section 152 of the Motor Vehicles Act is headed "Settlement between insurers and insured persons". No settlement made by an insurer in respect of any claim which might be made by a third party in respect of any liability of the nature referred to in clause (b) of sub-section (1) of section 147 shall be valid unless such third party is a party to the settlement.
How do I find court cases under Section 152 of the Motor Vehicles Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Motor Vehicles Act 152, section 152 Motor Vehicles Act, section 152 of the Motor Vehicles Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 152 of the Motor Vehicles Act, and has it changed?
Its own text turns on section 147 (Requirements of policies and limits of liability), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When was the Motor Vehicles Act enacted?
Motor Vehicles Act was enacted in 1988 as Act 59 of 1988. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
- 51. Special provisions regarding motor vehicle subject to hire-purchase agreement, etc1658 words
- 217. Repeal and savings1639 words
- 88. Validation of permits for use outside region in which granted1606 words
- 149. 1094 words
- 96. Power of State Government to make rules for the purposes of this Chapter980 words
- 2. Definitions947 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/f09db275-80d6-4bd5-924c-03ac08727bdc.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/e36db003-a500-4cf2-aaa3-05b529659cd2/content). This page is not a substitute for legal advice.