provisions of this section be liable under the policy in respect of that liability, the insurer shall be entitled to recover the excess from that ... expression "liability covered by the terms of the policy" means a liability which is covered by the policy or which would be so covered
Insurance Policy (Annexure P-3). Perusal of the Schedule of Premium mentioned in the Insurance Policy, shows that apart from liability to public risk ... against an Act Policy, the Comprehensive (now Package) Policy, occupants were expressly covered, due to a conscious change in the Policy wording after insurers were
section (1) of section 147 (being a liability covered by the terms of the policy) or under the provisions of section 164 is obtained against ... section 165; (c) "liability covered by the terms of the policy" means the liability which is covered by the policy or which would
liability under
Common Law and Fatal Accidents Act. Motor accidents
liability predates the imposition of this liability under
any form of statute and such liability ... policy should also contain a clause
to that effect. However, where the policy mentions
"a policy for Act Liability" or "Act Liability
cases where the policy is not merely statutory policy, the terms of the policy have to be considered to determine the liability of the insurer ... unlimited or higher liability can be imposed on it. The liability could be statutory or contractual. A statutory liability cannot be more than what
policy is not
necessary for the liability other than a liability arising
under W.C. Act. The liability cannot be more than what is
required ... policy is not necessary for the liability other than a liability arising under the W.C. Act. The liability cannot be more than what
where
the policy is not merely a statutory
policy, the terms of the policy have
to be considered to determine the
liability of the insurer ... policy” and “comprehensive
policy/package policy”. We respectfully concur with the said
distinction. The crux of the matter is what would be the liability
insurer i.e. Comprehensive Insurance Policy, Liability to the Public Risk (Third Party Liability Insurance Policy) and Act Liability Insurance Policy. The Comprehensive Insurance Policy ... liability undertaken apart from the statutory liability under Section 95 , the Insurance Company is answerable to that contractual liability de hors the statutory liability under
where the policy is 'Act
Policy/Statutory Policy/liability only policy'. After referring
37
many previous pronouncements the Hon'ble Apex Court ... were pleased to hold
that were the insurance policy is 'Act Policy/Statutory
Policy/liability only policy' the risk so far as occupants
liability is
concerned, it is specifically disclosed in the
policy that the policy covers the liability as
per the requirement of MV Act, 1988 . Under ... damages system. One is
Third Party liability insurance, which is called
liability insurance or act policy by-insurance
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