15.05.2013 Views

Administration Manual - B.E.S.T. Undertaking.

Administration Manual - B.E.S.T. Undertaking.

Administration Manual - B.E.S.T. Undertaking.

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

692<br />

Rs. 50,000.00 and the remaining amount can be invested in<br />

Government securities which have to be transferred to the bank and it<br />

is open to us to exchange these securities for cash or other<br />

Government Securities of equal or greater market value or both.<br />

All liabilities to Third Parties including liabilities arising out of<br />

Workmen’s Compensation Act, 1923, are met by withdrawals from this<br />

Fund.<br />

Looking to the general scheme of Chapter VIII of the M.V. Act, it does<br />

not seem incumbent on the <strong>Undertaking</strong> to meet claims arising out of<br />

the use of any vehicle of the <strong>Undertaking</strong> from the Fund. All that is<br />

required is that the fund be established to meet such claims but it is<br />

open to the <strong>Undertaking</strong> to meet such claims from any other source.<br />

Therefore, though the yearly contribution may be inadequate to meet<br />

all liabilities arising out of the motor vehicle accidents from this Fund<br />

it is not necessary to transfer to this Fund any amount to maintain the<br />

minimum balance as claims may be met from the <strong>Undertaking</strong>’s Third<br />

Party Insurance Fund.<br />

Having learnt the background we may now understand why the<br />

<strong>Undertaking</strong> has two funds known as :<br />

a) Third Party Insurance Fund,<br />

and<br />

b) Motor Vehicles (Third Party Insurance) Fund<br />

as per Motor Vehicles (Third Party Insurance)<br />

Amendment Rules 1960 under Section 133 of<br />

the M.V. Act, 1939.<br />

Debits to Third Party Insurance Fund are made in respect of claims to<br />

damages to Third Party Property vehicle, in addition to vehicles<br />

includes structures, buildings of private persons and also Government<br />

property such as roads, bridges, culverts, causeways, trees, posts and<br />

milestones when such claims are mutually settled or when claims are<br />

adjudicated by Civil Courts.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!