Chapter XI — Insurance Of Motor Vehicles Against Third Party Risks
Section 152 — Settlement between insurers and insured persons
Motor Vehicles Act, 1988 (Act 59 of 1988)
Text of the section
Settlement between insurers and insured persons.—(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.
Reproduced from the India Code text of the Act. Bracketed superscript numerals are the official footnote markers for earlier amendments.
Before you rely on this. The base text above is the Act as consolidated by the India Code, which predates the 2019 amendment; any 2019 change is shown separately rather than merged in. Later amendments may also apply. For anything official, read the current text on the e-Gazette or the Ministry of Road Transport and Highways site.
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