Chapter 11 Insurance of Motor Vehicles Against Third Party Risks
Section 152: Settlement between insurers and insured persons
a) 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.
b) 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 resolution
for 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.