The document summarizes Indian laws around motor vehicle insurance claims from 2005-2012. It outlines that the Fatal Accidents Act of 1885 first established legal rights for accident victims and heirs to claim compensation. The Motor Vehicles Act of 1988 then made the laws more effective by mandating third-party insurance and establishing Motor Accident Claims Tribunals to handle cases. The Act specifies insurance coverage and limited defenses for insurance companies in claims, such as non-disclosure or unlicensed driving, as restricted further by Supreme Court rulings.

1. Motor Vehicles Insurance
Cases:2005-2012
Varun Vaish:NALSAR

2. Introduction
 Indian laws on accident claims are quite
stringent.
 The laws were formulated by prioritizing the best
interests of the victims and those who are liable
to disburse the compensation, such as
insurance companies.
 The Fatal Accidents Act, 1885 was enacted in
India to protect the legal rights of the accident
victims and their legal heirs.
 This Act entitles the legal heirs of a deceased
accident victim to claim compensation from the
person who committed negligence.

3. Introduction
 In 1988, the Government of India introduced the Motor
Vehicle Act, to make the Indian laws on accident claims
more effective.
 The Act provides for compulsory third party insurance
and procedure of adjudication, to ensure relief to victims
of accident cases- Section 146
 Also, the Act stipulates for establishment of Motor
Accident Claims Tribunal to address the accident claim
cases-Section 165
 Section 145 to 164 of the Act provides for mandatory
third party insurance, which is compulsory for a vehicle
owner.

4.  Further, the Act provides for unlimited liability and limited defense of
the insurance companies-Section 140
 Several court judgments passed by the Supreme Court have
restricted the legal defense strategies put forward by various
insurance companies.
 The limited defenses allowed to be made by the insurance
companies include:
• Use of vehicle for racing and speed testing.
• Use of vehicle not allowed by permit.
• Divers without a valid Drivers license or who have been disqualified
from owning Drivers license.
• Void insurance policy due to non-disclosure of crucial facts.

5. Thank you

6. Thank you