Section 147:
Requirements of policies and limits of liability.
1[Requirement of policies and limits of liability. -- (1) In order to comply with the requirements
of this Chapter, a policy of insurance must be a policy which--
(a) is issued by a person who is an authorised insurer; and
(b) insures the person or classes of persons specified in the policy to the extent specified in
sub-section (2)--
(i) against any liability which may be incurred by him in respect of the death of or bodily injury
to any person including owner of the goods or his authorised representative carried in the motor
vehicle or damage to any property of a third party caused by or arising out of the use of the motor
vehicle in a public place;
(ii) against the death of or bodily injury to any passenger of a transport vehicle, except
gratuitous passengers of a goods vehicle, caused by or arising out of the use of the motor vehicle in
a public place.
Explanation.--For the removal of doubts, it is hereby clarified that the death of or bodily injury
to any person or damage to any property of a third party shall be deemed to have been caused by or to
have arisen out of, the use of a vehicle in a public place, notwithstanding that the person who is dead
or injured or the property which is damaged was not in a public place at the time of the accident, if
the act or omission which led to the accident occurred in a public place.
(2) Notwithstanding anything contained under any other law for the time being in force, for the
purposes of third party insurance related to either death of a person or grievous hurt to a person, the
Central Government shall prescribe a base premium and the liability of an insurer in relation to such
premium for an insurance policy under sub-section (1) in consultation with the Insurance Regulatory
and Development Authority.
(3) A policy shall be of no effect for the purposes of this Chapter unless and until there is issued
by the insurer in favour of the person by whom the policy is effected, a certificate of insurance in the
prescribed form and containing the prescribed particulars of any condition subject to which the policy
is issued and of any other prescribed matters; and different forms, particulars and matters may be
prescribed in different cases.
(4) Notwithstanding anything contained in this Act, a policy of Insurance issued before the
commencement of the Motor Vehicles (Amendment) Act, 2019 shall be continued on the existing
terms under the contract and the provisions of this Act shall apply as if this Act had not been
amended by the said Act.
(5) Where a cover note issued by the insurer under the provisions of this Chapter or the rules or
regulations made thereunder is not followed by a policy of insurance within the specified time, the
insurer shall, within seven days of the expiry of the period of the validity of the cover note, notify the
fact to the registering authority or to such other authority as the State Government may prescribe.
(6) Notwithstanding anything contained in any other law for the time being in force, an insurer
issuing a policy of insurance under this section shall be liable to indemnify the person or classes of
persons specified in the policy in respect of any liability which the policy purports to cover in the case
of that person or those classes of persons.]
Notes:
1. Subs. by Act 32 of 2019, s. 51, for CHAPTER XI’ (w.e.f. 1-9-2019).