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MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 22

MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 22

22 .         Provision regarding motor vehicle of employee used by employee in employer’s business

        (1)         Where the owner of a motor vehicle in respect of which a policy of insurance complying with this Act is in force uses such vehicle in connection with or for the purpose of the performance of his service as a servant of the employer of such owner, and the employer acquiesces in such use of the vehicle as aforesaid, the said policy of insurance shall, subject to any lawful termination thereof, when such vehicle is being so used enure in favour of the employer as well as of the owner to the same extent as if the employer were an owner of such vehicle, and the employer shall be bound by all the terms, warranties and conditions in the policy as if he had expressly agreed to them.

        (2)         Where the owner of a motor vehicle in respect of which a policy of insurance complying with this Act is in force uses the vehicle in connection with or for the purposes of the performance of his service as a servant of the employer of such owner, without the knowledge or contrary to the instructions of the employer, the employer shall not in any manner whatsoever be liable in respect of any claim for damages or compensation by any person injured by such vehicle whilst being so used by the owner thereof as such servant.

        [Section 22 2 inserted as s. 19C: No. 40 of 1944 s. 7.]