Chapter 11 Insurance of Motor Vehicles Against Third Party Risks
Section 151: Duty to give information as to insurance
a) No person against
whom a claim is made in respect of any liability referred to in clause (b) of
sub-section (1) of section 147 shall on demand by or on behalf of the person
making the claim refuse to state whether or not he was insured in respect of
that liability by any policy issued under the provisions of this Chapter, or
would have been so insured if the insurer had not avoided or cancelled the
policy, nor shall he refuse, if he was or would have been so insured, to give
such particulars with respect to that policy as were specified in the
certificate of insurance issued in respect thereof.
b) In the event of any
person becoming insolvent or making a composition or arrangement with his
creditors or in the event of an order being made for the administration of the
estate of deceased person according to the law of insolvency, or in the event
of a winding up order being made or a resolution for a voluntary winding-up
being passed with respect to any company or of a receiver or manager of the
company’s business or undertaking being duly appointed or of possession being
taken by or on behalf of the holders of any debentures secured by a floating
charge on any property comprised in or subject to the charge, it shall be the
duty of the insolvent debtor, personal representative of the deceased debtor or
company, as the case may be, or the official assignee or receiver in
insolvency, trustee, liquidator, receiver or manager, or person in possession
of the property to give at the request of any person claiming that the
insolvent debtor, deceased debtor or company is under such liability to him as
is covered by the provisions of this Chapter, such information as may
reasonably be required by him for the purpose of ascertaining whether any
rights have been transferred to and vested in him by section 150, and for the
purpose of enforcing such rights, if any; and any such contract of insurance as
purports whether directly or indirectly to avoid the contract or to alter the
rights of the parties thereunder upon the giving of such information in the
events aforesaid, or otherwise to prohibit or prevent the giving thereof in the
said events, shall be of no effect.
c) If, from the
information given to any person in pursuance of sub-section (2) or otherwise,
he has reasonable ground for supporting that there have or may have been
transferred to him under this Chapter rights against any particular insurer,
that insurer shall be subject to the same duty as is imposed by the said
sub-section on the persons therein mentioned.
d) The duty to give the information imposed by
this section shall include a duty to allow all contracts of insurance, receipts
for premiums, and other relevant documents in the possession or power of the
person on whom the duty is so imposed to be inspected and copies thereof to be
taken.