Page 41 - Insurance Times September 2015 SAMPLE
P. 41

For example, in the content, Chapter XI relating to motor vehicles against third      i. Deletion of the provisions relating
party risks starts from Section 231 whereas,the same starts with Section 225 in            to No-Fault liability
the provision of the Draft Bill 2015. This leads to a lot of confusion. For clarity,
we have used the Sections as appearing against the provisions and not as              ii. Deletion of compulsory coverage
appearing in the content thereof.                                                          to driver, conductor or ticket
                                                                                           examiner in public service vehicle
The most important and fundamental change as apparent in the Draft Bill, 2015              and workman being carried in the
is replacement of the term "accident" with "crash".                                        goods vehicle.

6. Difference between Draft Bill, 2014 and Draft Bill, 2015 - Though                  iii. Deletion of the power to override
                                                                                           in MV Act, 1988 in case of conflict
apparently there do not appear to be much change between the Draft Bill, 2014              with other law.
and Draft Bill, 2015, but actually there exists substantial change between both
the Draft Bills so far as liability and duty of insurer is concerned.                 iv. Insertion and or changes in
                                                                                           important definitions such as
Comparative chart of the MV Act, 1988, Draft Bill, 2014                                    "Goods, Property, Passenger,
                       and Draft Bill, 2015                                                Goods vehicle, Transport vehicle
                                                                                           etc."
  M V Act   Draft Bill  Draft Bill  M V Act    Draft Bill  Draft Bill
    1988      2014        2015        1988       2014        2015                     v. Unlimited Third party property
     141                              162         246         243                          damage.
     142     Deleted     Deleted      163                   M*241
     143     Deleted     Deleted     163-A     M*244(4)       244                     vi. Inclusion of coverage to the
     144     Deleted     Deleted     163-B        247                                      passenger in 'Transport Vehicle'.
     145     Deleted     Deleted      New                  Deleted
     146                              164       Deleted       245                     vii. Detailed procedure for converting
     147       228         225        165         248         246                          the Police Report into application
     148       229         226        166         249         247                          for payment of compensation.
    NEW        230         227        167         250         248
     149       231         228        168         251         249                     viii. Additional power for enforcement
     150       232         229        169         252         250                          of the Tribunal award by way of
     151       233         230        NEW         253         251                          attachment of the bank account.
     152       234         231        NEW         254         252
     153       235         232        NEW         255         253                     ix. Creation of new funds (i) to
     154       236         233        NEW         256         254                          provide treatment to the victims
     155       237         234        170         257         255                          during 'Golden Hour' and (ii)
     156   M* 234 (5)   M*231(5)      171         258         256                          Motor Accident Fund to provide
     157       238         235        172         259         257                          compulsory insurance to victims of
     158       239         236        173         260         258                          road accident.
     159       240         237        174         261         259
    NEW        241         238        175         262         260                     x. Creation of National Authority.
     160     Deleted     Deleted      176         263         261
     161       242         239                    264         262                     8. Important changes in the
               243         240                    265                                 Draft Bill, 2015.
*Merger        244         241
                                                                                      In addition to the proposed changes in
7. Important changes in the Draft Bill, 2014.                                         the Draft Bill of 2014, the present
                                                                                      Draft Bill, 2015 have the following new
                                                                                      and additional features, amongst
                                                                                      others.

                                                                                      8-1- S.227 Draft Bill, 2015 -

                                                                                      Corresponding to S. 147 M V Act, 1988
                                                                                      requirement of policies and limits of
                                                                                      liability.

                                                           The Insurance Times, September 2015 37

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