What is a section 151 notice?
Under section 151 of the RTA, a motor insurer is – subject to certain conditions and exceptions – under a duty to satisfy a judgment even if it has not in fact insured the person driving. Suppose A takes out a motor policy on his car, which covers only him to drive it.
What is the difference between RTA insurer and Article 75?
Unlike the Article 75 Insurer, RTA Insurers understand that the policy would have been accepted and valid prior to the policy inception as the non-disclosed material either isn’t serious enough to have denied insurance in the first place, or it occurred after the policy start date.
What does Article 75 insurer mean?
Article 75 is an agreement between the Motor Insurers’ Bureau (the MIB) and its members under which the motor insurer will accept liability in certain cases where they would not be liable under the Road Traffic Act 1988 (RTA 1988) (as RTA insurer).
What does the Road Traffic Act cover?
The Road Traffic Act requires all motorists to be insured against their liability for injuries to others (including passengers) and for damage to other people’s property resulting from use of a vehicle on a road. It is an offence to drive your car or allow others to drive it without insurance.
Who is the defendant in an accident?
When you claim a legal wrong against someone else and demand compensation in a personal injury case, you’re the plaintiff in the case. The person that you bring your case against is called a defendant. The defendant is the person in the case that has to defend their actions.
What is a subrogated claim?
Subrogation is the principle by which an insurer, having paid a claim, then stands in the place of an insured, and exercises the insured’s right of recovery in the insured’s name against any third parties responsible for the loss. The insurer’s rights to pursue a third party are no better than those of the insured.
What does Article 79 say?
The constitutional head of the Executive of the Union is the President. As per Article 79 of the Constitution of India, the council of the Parliament of the Union consists of the President and two Houses known as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).
What is Section 88 of the road traffic Act?
Section 88 of The Road Traffic Act 1988 may allow you to continue driving even though you do not hold a current driving licence. In practice, this will be when you have applied to the DVLA to renew your licence, but the licence expires (runs out) while we are processing the application.
What is Section 163 road traffic Act?
Any uniformed police officer has the power to stop a driver of a vehicle, under section 163 of the Road Traffic Act 1988 and failure to comply with such a request is an offence.
What type of law is personal injury?
Personal injury law (also known as “tort” law) allows an injured person to file a civil lawsuit in court and get a legal remedy (“damages”) for all losses stemming from an accident or other incident.
Who is the plaintiff in personal injury?
The plaintiff in a personal injury case is the person who initiates the lawsuit. They’re the person who says that they have a legal claim against someone else. They say that someone else committed a legal wrong against them.
What are the rights of subrogation?
Subrogation by contract commonly arises in contracts of insurance. The doctrine of subrogation confers upon the insurer the right to receive the benefit of such rights and remedies as the assured has against third parties in regard to the loss to the extent that the insurer has indemnified the loss and made it good.