About co-author of this Blog

Advocate - B.T.Koller

Bhojegouda koller, received his BA in 1997 from Karnataka university and MA in political science from mysore University in 1999 and Finally LLB from Delhi University . Following law degree, practicing law in Bangalore in different courts including High court of Karnataka from past 5 years.

B.T.KOLLER, MA,LLB
Advocate
Bangalore,KARNATAKA.

Link to his website: BT.Koller

Motor Insurance and Legal implication

Motor or car insurance is a contract between a vehicle owner and the insurance company where the insurance company agrees to pay a sum of money to compensate loss arising from accidents etc.

There are two types of motor insurance - comprehensive insurance and third party insurance.

Comprehensive insurance covers risk arising out of the following:Theft or damage to the vehicle Death of the driver and/or passengers in the vehicle Damage caused by the vehicle to other people or property

Third- party insurance covers only damage caused by the vehicle to other people or property.The India Motor Vehicles Act, 1938 has made it mandatory for every owner of a vehicle to obtain a motor insurance policy, either a comprehensive or a third party insurance. As evidence, a Certificate of Insurance must be carried at all times in the vehicle.

Claims

What I have to do in case of an accident?

Ans: Arrange to shift the injured person to hospital for treatment immediately. As per the provisions of Section 134 of the Motor Vehicles Act, the driver/owner of the vehicle involved in an accident is responsible to convey the injured to the nearest hospital or clinic. The doctor at the hospital is duty bound to give medical aid or treatment without waiting for any procedural formalities.

• Report the matter with the nearest police station within 24 hours of the occurrence of such an incident.
• Note down the names, addresses and phone numbers of witnesses and the registration number of the vehicle involved in the accident. Also jot down the name and number of the policeman who arrives at the site of the accident.
• Notify the nearest insurance branch about the accident, its time, date, and place and obtain your claim form.Fill the claim form with details and submit it to the office along with the estimate of repairs, a copy of the Registration Certificate, and the driving license of the driver of the vehicle at the time of accident.
• In case of any notice from the third party, Motor Vehicle Claims Tribunal, or a court of law, make no promises to settle the matter out of court. Send all notices, summons etc. you receive to the car insurance company for further action.
• you have to obtain a FIR to claim car insurance in any of the following cases. The FIR needs to be given to the insurance company to process the claim. Any third party personal injury or death due to an accident involving your vehicle Any personal injury or death of a paid driver Any personal injury or death of an owner-driver Any personal injury or death of a passenger Any third party property damage Theft of the entire vehicle Theft of accessories Any loss or damage to the vehicle by miscreants, rioters, terrorists, arsonists, etc

If some one else is driving your car / vehicle what is owner's liability?

If you have purchased a Comprehensive car insurance policy and added the personal accident cover for passengers and drivers, you can make a claim. but as the owner you have to ensure that:
Only those with a valid driving license for that category of vehicle are given control of your vehicle.The person driving your vehicle is not under the influence of liquor or any other intoxicant The insurance company will not be liable for either damage to the vehicle or any third party legal liability, if the driver is intoxicated with liquor or any other substance.

What is Malus?

Suppose you have an accident and make a claim on your car insurance policy. At the time of renewing your policy, the insurance company loads an extra charge on to your premium (on the Own Damage part of the premium). This extra charge is called Malus. The Malus is charged considering that you are a riskier customer to insure because of your accident and subsequent claim. Malus amounts vary - a two-year old vehicle attracts a 10% Malus of the Own Damage while a four-year old vehicle attracts 50% Malus for insurance.

Do I need to keep my insurance papers in my vehicle?

According to Section 158 of the Motor Vehicles Act, any person driving a motor vehicle, on request from a police officer in uniform, must produce:

The insurance certificate, The Certificate of Registration or RC Book ,The driving license The certificate of fitness and the permit in the case of commercial Therefore, it is advised to keep the insurance papers in the vehicle.

What do you mean by Hit and run case?

Hit and run accidents, since the vehicle is not traced, no liability can be imposed on any car insurance company and the victims have to suffer. The only compensation possible is under the Solatium Fund Scheme. The Solatium Fund has been established by the Central Government - 70 per cent of it is contributed by the General Insurance Corporation of India and the balance by the Central and State Governments.If a person dies from a hit and run motor accident, a sum of Rs. 25,000 is payable; for grievous injury, a sum of Rs. 12,500 is payable.

What should I do if I receive a Court notice from a third party claimant? I

In the event of a third party claim, notify the insurance company in writing along with a copy of the notice and your insurance certificate. DO NOT offer to make an out-of-court settlement or promise payment to any party without the written consent of the insurance company. The insurance company has a right to refuse liabilities arising out of such promises. The insurance company will issue a claim form that has to be filled and submitted along with: Copy of the Registration CertificateDriving license,First information report (FIR)After verification, the insurance company will appoint a lawyer in your defense. You are expected cooperate with the insurance company, providing evidence during court proceedings. If the court orders compensation on your part, the insurance company will then do it directly.

How do I make a claim in case of theft of vehicle?

In the event of theft of vehicle, lodge the First Information Report (FIR) with a police station immediately. Inform your insurance company and provide them with a copy of the FIR. Submit the Final Police Report to the insurance company as soon as it is received.

Extend full cooperation to the surveyor or investigator appointed by the company.

After the claim is approved, the Registration Certificate of the stolen vehicle has to be transferred in the name of the company. You also need to submit the duplicate keys of the vehicle along with a letter of subrogation and an indemnity on stamp paper (duly notarized) to the insurance company.

What if I have an accident with an uninsured vehicle?

It does not matter whether the vehicle on the other side has insurance or not. If you have a comprehensive policy for your vehicle, you are fully insured against liabilities, subject to your policy specifics.

If there is a dispute regarding the claim settlement between the insured and the insurer, how is the dispute resolved?

The most common form of dispute that arises between the insured and the insurer is about admission of liability or the size of the claim. Disputes regarding claim amounts, where the insurer has agreed to cover the claim under the policy, are referred to an arbitrator. If the decision of the arbitrator is disputed by either party, the Consumer Forum or the Civil Court could be approached.

The author is a practicing advocate in Bangalore , Karanataka if you need more details or help you can mail him at btkoller@yahoo.co.in

Legal terminology in India

abatement: a reduction in some amount that is owed, usually granted by the person to whom the debt is owed.

abatement notice: a notice served on the owner(s) or occupier(s) of a property from which a private nuisance arises, warning them of the intention to enter on the land in order to abate the nuisance.

abduction: to take someone away from a place without that persons consent or by fraud.

abet: the act of encouraging or inciting another to do a certain thing, such as a crime.

absolute title: 1. the right of ownership of a mortgage deed, which gives the right, in certain specified circumstances, to demand repayment in full of the outstanding debt before the due date.

2. a clause in a deed or contract which provides for the early termination of an existing interest in land, in certain specified circumstances, thereby advancing the future interest.abstract of title: a chronological summary of all official records and recorded documents affecting the title to a parcel of real property.

acceleration clause: a clause in a contract that states that if a payment is missed, or some other default occurs (such as the debtor becoming insolvent), then the contract is fully due immediately.

accession: adding on. In civil law, the right to all that one's property produces, not just the property itself.

accomplice: 1. a partner in a crime. 2. a person who knowingly and voluntarily participates with another in a criminal activity.

accord and satisfaction: a term of contract law by which one party, having complied with its obligation under a contract, accepts some type of compensation from the other party (usually money and of a lesser value) in lieu of enforcing the contract and holding the other party to their obligation. This discharges the contract.

accretion: the imperceptible and gradual addition to land by natural causes, as out of a lake or river.

acknowledgement: a formal declaration before an authorised official by the person who executed an instrument that it is his free act and deed, the certificate of the official on such instrument attesting that it was so acknowledged.

acquiescence: action or inaction which binds a person legally, even though it was not intended as such.

Acquiescence also means allowing too much time to pass since the knowledge of an event, which may have allowed a person to have legal recourse against another, implying the waiver of rights to that legal recourse.

acquittal: a release, absolution or discharge of an obligation or liability. In criminal law, finding not guilty.

act: synonymous to statute, legislation or law. A bill which has passed through the various legislative steps required for it and which has become law.

act of God: an event, which is caused solely by the effect of nature or natural causes and without any interference by humans whatsoever.

action case: cause, suit or controversy disputed or contested before a court of justice.acts: a law passed by a legislative body may be called a statute or an act.

ad hoc: Latin for `this purpose' or `for a specific purpose.' addendum: an attachment to a written document.

ademption: when property identified in a will cannot be given to the beneficiary because it no longer belonged to the deceased at the time of death.

adhesion contract: a fine-print consumer form contract which is generally given to consumers at point-of-sale, with no opportunity for negotiation as to its terms, and which sets out the terms and conditions of the sale, usually to the advantage of the seller.

adjective law: also, procedural law. That body of law, which governs the process of protecting the rights under substantive law.

adjudication: giving or pronouncing a judgement or decree. Also, the judgement given.

administrative agencies: agencies created by the legislative branch of government to administer laws pertaining to specific areas such as taxes, transportation and labour.

administrative decision: when an administrative agency conducts a hearing, it sometimes publishes the decision of the hearing officer, for example Human Relations Commission hearing examiner's decision.

administrative law: is that body of law, which applies for hearings before quasi- judicial or administrative tribunals. This would include, as a minimum, the principles of natural justice as embodied in audi alteram pattern and nemo judex in sua causa. Many quasi-judicial organisations or administrative tribunals supplement the rules of natural justice with their own detailed rules of procedure. Administrative law synonymous with 'natural justice'.administrative tribunal: hybrid adjudicating authorities, ' which straddle the line between government and the courts. Between routine government policy decision-making bodies and the traditional court forums lies a hybrid, sometimes called a `tribunal' or `administrative tribunal' and not necessarily presided over by judges. These operate as a government policy-making body at times but also exercise a licensing, certifying, approval or other adjudication authority, which is 'quasi-judicial' because it directly affects the legal rights of a person.

Administrative tribunals are often referred to as `Commission', `Authority' or `Board'.

administrator: a person who administers the estate of a person deceased, he is a personal representative. The administrator is appointed by a court and is the person who would then have the power to deal with the debts and assets of a person who died intestate. Female administrators are called `administratrix'.

admiralty law: also, maritime law. That body of law relating to ships, shipping, marine, commerce and navigation, transportation of persons or property by sea etc.
admissible evidence evidence that can be legally and properly introduced in a civil or criminal trial.

admission: admitting for hearing a petition of appeal/revision/review.admonish: to advise or caution. For example, the court may caution or admonish counsel for wrong practices.adultery: voluntary sexual intercourse between a married person and another person who is not their married spouse. In most countries, this is a legal ground for divorce. The person who seduces another's spouse is known as the 'adulterer'.

advance sheets: paperback pamphlets published by law book publishers weekly or monthly which contain reporter cases including correct volume number and page number. When there are sufficient cases, they are replaced by a bound volume.

adversary proceeding: one having opposing parties such as a plaintiff and a defendant.
adverse possession: gaining title to another's land by exercising the rights of ownership of that land unchallenged for a period of time. The more common word for this is 'squatters'.

Constitution of India

Constitution of India

India ie. Bharat is a Union of States. It is a Sovereign Socialist Democratic Republic with a parliamentary system of government. The Republic is governed in terms of the Constitution of India which was adopted by the Constituent Assembly on 26th November 1949 and came into force on 26th January 1950.

The Constitution provides for a Parliamentary form of government which is federal in structure with certain unitary features. 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 to be known as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). Article 74(1) of the Constitution provides that there shall be a Council of Ministers with a Prime Minister as its head to aid and advise the President, who shall exercise his functions in accordance to the advice. The real executive power is thus vested in the Council of Ministers with the Prime Minister as its head.

The Council of Ministers is collectively responsible to the House of the People (Lok Sabha). Every State has a Legislative Assembly. Certain States have an upper House called State Legislative Council. Governor is the Head of a State. There shall be a Governor for each State and the executive power of the State shall be vested in him. The council of Ministers with the Chief Minister as its head advises the Governor in the discharge of the executive functions. The Council of the Ministers of a state is collectively responsible to the Legislative Assembly of the State.

The Constitution distributes legislative powers between Parliament and State legislatures as per the lists of entries in the Seventh Schedule to the Constitution. The residual powers vest in the Parliament. The centrally administered territories are called Union Territories.

Index access to constitution of india

http://indiacode.nic.in/

http://indiacode.nic.in/coiweb/coifiles/part.htm

This information is downloaded from the website of Ministry of Law and Justice (Legislative Department)"

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