Page 271 - Motor Insurance Ebook IC 72

Guide for Motor Insurance

of contributory negligence, if any, is also taken care
of.

5) On the basis of above information, the advocate's
opinion is obtained. In view of these facts the
defenses available to insurer under the M.V.Act are
examined. The advocate depending upon the facts
of the case then files a written statement.

6) If the liability is certain, an attempt is made to
compromise the claim. The claim can be
compromised in Lok Adalat.

7) The insured and or the driver are required to
co-operate with the insurers while regular
hearing of the case is going on. If they do not,
they may be called as witness under Section 169
of the Act.

8) On completion of the hearing, the tribunal decides
upon the claims and award is given. The amount
awarded is paid to the claimant as directed by the
tribunal.

9) If the insurers are aggrieved by on award of a
tribunal, they may prefer an appeal to high court
within ninety days from the date of the award.

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