Section 57: Policy of insurance

57. Policy of insurance (1) In order to comply with this Part, a policy of insurance shall— (a) be issued by an insurer licensed under the Insurance Act; (b) notwithstanding any other enactment, insure such person, persons or classes of persons as may be specified in the policy in respect of any liability of not less than 150 million rupees, for each occurrence or event, which may be incurred by him or them in respect of the death of, or bodily injury to, any person caused by, or arising out of, the use of the motor vehicle; and (c) not be required to cover— (i) any liability in respect of the death of, or bodily injury to, a person in the employ of any person insured by the policy, where the death or bodily injury arises out of and in the course of his employment; (ii) except in the case of a motor vehicle in which passengers are carried for hire or reward or by reason of, or in pursuance of, a contract of employment, liability in respect of the death of, or bodily injury to, a person being carried in or upon, or entering or getting on, or alighting from, the vehicle at the time of the occurrence of the event out of which the claim arise; or (iii) any contractual liability. [Issue 1] R27 – 48 Revised Laws of Mauritius (2) Notwithstanding any other enactment, a person issuing a policy of insurance under this section shall be liable to indemnify up to the maximum amount specified under section 57 (1) (b) the persons or classes of persons specified in the policy in respect of any liability which the policy purports to cover in the case of those persons or classes of persons. (3) (a) A policy shall be of no effect for the purpose of this Part unless and until there is issued, by the insurer, in favour of the person by whom the policy is effected, a certificate of insurance in the prescribed form— (i) issued from a counterfoil book of certificates numbered serially and signed by the insurer or his authorised representative whose specimen signature shall be furnished to the Commissioner; and (ii) containing such particulars of any conditions subject to which the policy is issued and of such other matters as may be prescribed. (b) In a policy of insurance issued under paragraph (a), different forms and different particulars may be prescribed in relation to different cases or circumstances. (4) (a) The Commissioner or the Commissioner of Police, or any officer deputed by either of them in writing, may, at any time, call at the office of an insurer and require the production, for the purpose of inspection, of the records kept by him in connection with a certificate of insurance issued by him and of the policy to which the certificate relates. (b) Where an inspection under paragraph (a) is refused, the insurer shall commit an offence. (c) Where an inspection under paragraph (a) is refused, the Court may compel the production of the records and the policy. [S. 57 amended by s. 132 (4) (a) and (b) of Act 21 of 2005 w.e.f. 28 September 2007.]