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Directions: Read the following passage and answer the question.
Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.
[Extracted, with edits and revisions, from, International Journal of Legal Develpoments Insurance of Motor Vehicles against Third Party Risks - Written by Sonia Maan, thelawbrigade.]
Q. Mundu was loading a vehicle with massive iron rods that were cylinder-shaped and had sword-like tips on both ends. In the meantime, the truck driver started the ignition to warm up the engine, but because the truck was in gear, it was jolted and the resulting turbulence caused the rods to start to fall out of the truck. After loading all the rods, Mundu was now standing outside the truck with rods sticking out of his body, through his head, and through his stomach. Mundu passed away instantly. Decide.
  • a)
    Since the lorry driver's negligence caused Mundu's death, legal action should be taken against him.
  • b)
    As the accident was caused by the car, Mundu should receive compensation from the insurance provider. 
  • c)
    Since it is the responsibility of his employer to care for his labor, Mundu should receive compensation from that party.
  • d)
    Since Mundu finished his employment and exited the truck, he is not eligible for compensation from either his employer or the insurance provider.
Correct answer is option 'B'. Can you explain this answer?
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Directions: Read the following passage and answer the question.Insuran...
Section 146(1) of the Motor Vehicles Act of 1988 makes it abundantly clear that third party insurance will apply even when the vehicle is stationary and not moving. Even if a vehicle is broken or immovable, utilization continues.
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Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.[Extracted, with edits and revisions, from, International Journal of Legal Develpoments Insurance of Motor Vehicles against Third Party Risks - Written by Sonia Maan, thelawbrigade.]Q.X, a Maharashtrian, was on his own and traveling across Himachal Pradesh. He was hitchhiking from one neighborhood to another. He once overheard a truck driver saying that his vehicle was headed to Manali from Mandi, so he requested him to take him along. As the lorry was fully filled with sacks of cement, the truck driver ordered X to arrange to sit on the terrace of the cabin while he traveled with his two buddies. X consented to carry out this. The driver abruptly hit the brakes while traveling downhill on a curve, causing X to tumble into the trench ahead of the curve. X was discovered dead, hanging from a tree. Parents of X filed a claim for compensation with the trucks insurer. Decide.

Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.[Extracted, with edits and revisions, from, International Journal of Legal Develpoments Insurance of Motor Vehicles against Third Party Risks - Written by Sonia Maan, thelawbrigade.]Q.While X was en route to his office and trying to hail a cab, a cab pulled over, surprising him as his friend Y was the driver. Y already had a passenger, Z, who needed to be dropped off at a building near Xs office. Y informed X that Z had already paid the fare, so he would drop X. X sat in the front seat alongside Y. During the journey, Y became engrossed in a conversation with X and inadvertently disregarded a traffic light, causing a fatal collision with a bus. Tragically, X, Y, and Z all lost their lives instantly. An insurance claim was submitted. Decide.

Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.[Extracted, with edits and revisions, from, International Journal of Legal Develpoments Insurance of Motor Vehicles against Third Party Risks - Written by Sonia Maan, thelawbrigade.]Q.What is the primary purpose of compulsory third party insurance for motor vehicles in India?

Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.[Extracted, with edits and revisions, from, International Journal of Legal Develpoments Insurance of Motor Vehicles against Third Party Risks - Written by Sonia Maan, thelawbrigade.]Q.Which law governs motor vehicle insurance in India, particularly with regard to compulsory third party insurance?

The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Sec. 126 of the Indian Contract Act, defines a contract of guarantee as "A contract to perform the promise, or discharge the liability of a third person in case of his defaults". A guarantee may be either "oral" or "written". Just like any other contracts, it should also fulfill all the essentials of a valid contract. As stated already, three parties are involved in a contract of guarantee.All the three parties namely, the principal debtor, the creditor and the surety must agree to make such a contract. A contract of guarantee pre-supposes the existence of a liability, which is enforceable at law. If no such liability exists, there can be no contract of guarantee. Thus, where the debt, which is sought to be guaranteed, is already time barred or void, the surety is not liable. There must be consideration between the creditor and the surety so as to make the contract enforceable. The consideration must also be lawful. In a contract of guarantee, the consideration received by the principal debtor is taken to be the sufficient consideration for the surety. Thus, any benefit received by the debtor is adequate consideration to bind the surety. But past consideration is no consideration for a contract of guarantee. There must be a fresh consideration moving from the creditor. A contract of guarantee may either be oral or written. In a contract of guarantee, liability of the surety is secondary, i.e. the creditor must first proceed against the debtor and if the latter does not perform his promise, then only he can proceed against the surety. It may be express or implied from the conduct of parties. The creditor should disclose to the surety the facts that are likely to affect the suretys liability. The guarantee obtained by the concealment of such facts is invalid. Thus, the guarantee is invalid if the creditor obtains it by the concealment of material facts The guarantee should not be obtained by misrepresenting the facts to the surety. Though the contract of guarantee is not a contract of uberrimae fidei, i.e. of absolute good faith, and thus, does not require complete disclosure of all the material facts by the principal debtor or creditor to the surety before he enters into a contract. But the facts, that are likely to affect the extent of suretys responsibility, must be truly represented.Q.BHK Pvt Ltd. gave notice to Pooja, the debtor-defendant and also threatened legal action against her, but her husband agreed to become surety and undertook to pay the liability and also executed a promissory note in their favor. The Bank refrained from threatened action. Decide.

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Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.[Extracted, with edits and revisions, from, International Journal of Legal Develpoments Insurance of Motor Vehicles against Third Party Risks - Written by Sonia Maan, thelawbrigade.]Q.Mundu was loading a vehicle with massive iron rods that were cylinder-shaped and had sword-like tips on both ends. In the meantime, the truck driver started the ignition to warm up the engine, but because the truck was in gear, it was jolted and the resulting turbulence caused the rods to start to fall out of the truck. After loading all the rods, Mundu was now standing outside the truck with rods sticking out of his body, through his head, and through his stomach. Mundu passed away instantly. Decide.a)Since the lorry drivers negligence caused Mundus death, legal action should be taken against him.b)As the accident was caused by the car, Mundu should receive compensation from the insurance provider.c)Since it is the responsibility of his employer to care for his labor, Mundu should receive compensation from that party.d)Since Mundu finished his employment and exited the truck, he is not eligible for compensation from either his employer or the insurance provider.Correct answer is option 'B'. Can you explain this answer?
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Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.[Extracted, with edits and revisions, from, International Journal of Legal Develpoments Insurance of Motor Vehicles against Third Party Risks - Written by Sonia Maan, thelawbrigade.]Q.Mundu was loading a vehicle with massive iron rods that were cylinder-shaped and had sword-like tips on both ends. In the meantime, the truck driver started the ignition to warm up the engine, but because the truck was in gear, it was jolted and the resulting turbulence caused the rods to start to fall out of the truck. After loading all the rods, Mundu was now standing outside the truck with rods sticking out of his body, through his head, and through his stomach. Mundu passed away instantly. Decide.a)Since the lorry drivers negligence caused Mundus death, legal action should be taken against him.b)As the accident was caused by the car, Mundu should receive compensation from the insurance provider.c)Since it is the responsibility of his employer to care for his labor, Mundu should receive compensation from that party.d)Since Mundu finished his employment and exited the truck, he is not eligible for compensation from either his employer or the insurance provider.Correct answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.[Extracted, with edits and revisions, from, International Journal of Legal Develpoments Insurance of Motor Vehicles against Third Party Risks - Written by Sonia Maan, thelawbrigade.]Q.Mundu was loading a vehicle with massive iron rods that were cylinder-shaped and had sword-like tips on both ends. In the meantime, the truck driver started the ignition to warm up the engine, but because the truck was in gear, it was jolted and the resulting turbulence caused the rods to start to fall out of the truck. After loading all the rods, Mundu was now standing outside the truck with rods sticking out of his body, through his head, and through his stomach. Mundu passed away instantly. Decide.a)Since the lorry drivers negligence caused Mundus death, legal action should be taken against him.b)As the accident was caused by the car, Mundu should receive compensation from the insurance provider.c)Since it is the responsibility of his employer to care for his labor, Mundu should receive compensation from that party.d)Since Mundu finished his employment and exited the truck, he is not eligible for compensation from either his employer or the insurance provider.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.[Extracted, with edits and revisions, from, International Journal of Legal Develpoments Insurance of Motor Vehicles against Third Party Risks - Written by Sonia Maan, thelawbrigade.]Q.Mundu was loading a vehicle with massive iron rods that were cylinder-shaped and had sword-like tips on both ends. In the meantime, the truck driver started the ignition to warm up the engine, but because the truck was in gear, it was jolted and the resulting turbulence caused the rods to start to fall out of the truck. After loading all the rods, Mundu was now standing outside the truck with rods sticking out of his body, through his head, and through his stomach. Mundu passed away instantly. Decide.a)Since the lorry drivers negligence caused Mundus death, legal action should be taken against him.b)As the accident was caused by the car, Mundu should receive compensation from the insurance provider.c)Since it is the responsibility of his employer to care for his labor, Mundu should receive compensation from that party.d)Since Mundu finished his employment and exited the truck, he is not eligible for compensation from either his employer or the insurance provider.Correct answer is option 'B'. Can you explain this answer?.
Solutions for Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.[Extracted, with edits and revisions, from, International Journal of Legal Develpoments Insurance of Motor Vehicles against Third Party Risks - Written by Sonia Maan, thelawbrigade.]Q.Mundu was loading a vehicle with massive iron rods that were cylinder-shaped and had sword-like tips on both ends. In the meantime, the truck driver started the ignition to warm up the engine, but because the truck was in gear, it was jolted and the resulting turbulence caused the rods to start to fall out of the truck. After loading all the rods, Mundu was now standing outside the truck with rods sticking out of his body, through his head, and through his stomach. Mundu passed away instantly. Decide.a)Since the lorry drivers negligence caused Mundus death, legal action should be taken against him.b)As the accident was caused by the car, Mundu should receive compensation from the insurance provider.c)Since it is the responsibility of his employer to care for his labor, Mundu should receive compensation from that party.d)Since Mundu finished his employment and exited the truck, he is not eligible for compensation from either his employer or the insurance provider.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.[Extracted, with edits and revisions, from, International Journal of Legal Develpoments Insurance of Motor Vehicles against Third Party Risks - Written by Sonia Maan, thelawbrigade.]Q.Mundu was loading a vehicle with massive iron rods that were cylinder-shaped and had sword-like tips on both ends. In the meantime, the truck driver started the ignition to warm up the engine, but because the truck was in gear, it was jolted and the resulting turbulence caused the rods to start to fall out of the truck. After loading all the rods, Mundu was now standing outside the truck with rods sticking out of his body, through his head, and through his stomach. Mundu passed away instantly. Decide.a)Since the lorry drivers negligence caused Mundus death, legal action should be taken against him.b)As the accident was caused by the car, Mundu should receive compensation from the insurance provider.c)Since it is the responsibility of his employer to care for his labor, Mundu should receive compensation from that party.d)Since Mundu finished his employment and exited the truck, he is not eligible for compensation from either his employer or the insurance provider.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.[Extracted, with edits and revisions, from, International Journal of Legal Develpoments Insurance of Motor Vehicles against Third Party Risks - Written by Sonia Maan, thelawbrigade.]Q.Mundu was loading a vehicle with massive iron rods that were cylinder-shaped and had sword-like tips on both ends. In the meantime, the truck driver started the ignition to warm up the engine, but because the truck was in gear, it was jolted and the resulting turbulence caused the rods to start to fall out of the truck. After loading all the rods, Mundu was now standing outside the truck with rods sticking out of his body, through his head, and through his stomach. Mundu passed away instantly. Decide.a)Since the lorry drivers negligence caused Mundus death, legal action should be taken against him.b)As the accident was caused by the car, Mundu should receive compensation from the insurance provider.c)Since it is the responsibility of his employer to care for his labor, Mundu should receive compensation from that party.d)Since Mundu finished his employment and exited the truck, he is not eligible for compensation from either his employer or the insurance provider.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.[Extracted, with edits and revisions, from, International Journal of Legal Develpoments Insurance of Motor Vehicles against Third Party Risks - Written by Sonia Maan, thelawbrigade.]Q.Mundu was loading a vehicle with massive iron rods that were cylinder-shaped and had sword-like tips on both ends. In the meantime, the truck driver started the ignition to warm up the engine, but because the truck was in gear, it was jolted and the resulting turbulence caused the rods to start to fall out of the truck. After loading all the rods, Mundu was now standing outside the truck with rods sticking out of his body, through his head, and through his stomach. Mundu passed away instantly. Decide.a)Since the lorry drivers negligence caused Mundus death, legal action should be taken against him.b)As the accident was caused by the car, Mundu should receive compensation from the insurance provider.c)Since it is the responsibility of his employer to care for his labor, Mundu should receive compensation from that party.d)Since Mundu finished his employment and exited the truck, he is not eligible for compensation from either his employer or the insurance provider.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.[Extracted, with edits and revisions, from, International Journal of Legal Develpoments Insurance of Motor Vehicles against Third Party Risks - Written by Sonia Maan, thelawbrigade.]Q.Mundu was loading a vehicle with massive iron rods that were cylinder-shaped and had sword-like tips on both ends. In the meantime, the truck driver started the ignition to warm up the engine, but because the truck was in gear, it was jolted and the resulting turbulence caused the rods to start to fall out of the truck. After loading all the rods, Mundu was now standing outside the truck with rods sticking out of his body, through his head, and through his stomach. Mundu passed away instantly. Decide.a)Since the lorry drivers negligence caused Mundus death, legal action should be taken against him.b)As the accident was caused by the car, Mundu should receive compensation from the insurance provider.c)Since it is the responsibility of his employer to care for his labor, Mundu should receive compensation from that party.d)Since Mundu finished his employment and exited the truck, he is not eligible for compensation from either his employer or the insurance provider.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.[Extracted, with edits and revisions, from, International Journal of Legal Develpoments Insurance of Motor Vehicles against Third Party Risks - Written by Sonia Maan, thelawbrigade.]Q.Mundu was loading a vehicle with massive iron rods that were cylinder-shaped and had sword-like tips on both ends. In the meantime, the truck driver started the ignition to warm up the engine, but because the truck was in gear, it was jolted and the resulting turbulence caused the rods to start to fall out of the truck. After loading all the rods, Mundu was now standing outside the truck with rods sticking out of his body, through his head, and through his stomach. Mundu passed away instantly. Decide.a)Since the lorry drivers negligence caused Mundus death, legal action should be taken against him.b)As the accident was caused by the car, Mundu should receive compensation from the insurance provider.c)Since it is the responsibility of his employer to care for his labor, Mundu should receive compensation from that party.d)Since Mundu finished his employment and exited the truck, he is not eligible for compensation from either his employer or the insurance provider.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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