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Arif Iqbal (Advocate)     19 June 2011

Urgent Motor Vehicle Act

Dear learned members,

Please enlighten me with appropriate course of action in the following scenario:

1) One of my clients filed a claim u/s 166 of the MV Act for injuries sustained by her in an accident.

2) At the time of accident the offending vehicle was not registered. How ever it was duly insured.

3) In the Police Report u/s 50 of the Act, the chasis number, engine number and insurance policy number of the vehicle were given.

4) The owner and driver of the vehicle in their W/S amitted the accident and stated that the said vehicle was subsequenly registered and the filed copies of the insurance policy and registration certificate.

5) The Insurer also filed W/S wherein the accident by the vehicle was not denied.

6) Subsequeltly on perusal of the insurance policy and regd. certificate by the owber, it has come to the notice that the chasis number of the vehicle is wrongly quoted by the police in the Police Report, for which the said mistake is reflected in the claim petition also.


Now my question is as the insurer has not detected the said mistake in the chasis number, the owner/driver admitted the aciident and there is no pleading regarding the mistake, should I proceed with the case or  file an application for amendment of the chasis number?

Please reply urgently


 2 Replies

kvss.prabhakar rao (Advocate )     11 December 2011

Mere quating wrong chasis number in FIR  the insurance company cananot exenorete thier laibility. 

N.K.Assumi (Advocate)     26 March 2012

Vehicle was driven without valid registartion as mandate by the MVA 1988, and it is a statutory defense for the Insurance Company.

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