8. The Myanma
Insurance may:-
(a) Cooperate and
coordinate with other governmental organizations for the purpose
of effecting
third-party
liability insurances as well as claim for indemnity.
(b) Communicate and cooperate with the relevant organizations
situated within and without Myanmar for
the purpose of effecting third-party liability insurance
and disbursement of indemnity in respect of
motor vehicles entering or leaving
Myanmar.
(c) After a due scrutiny pay
or reject the claim.
(d) Interrogate
the persons concerned in connection with a claim for indemnity
(e) For the purpose of the third-party liability
insurance, fix and revise the following :-
(a) Premium rate
(b) Rate of indemnity
(c) Rate of fine and
(d) Commission rate
The scale of indemnities shall be fixed
with the approval of the Ministry by notification in the official
Gazette.
(f) Impose a fine on the owner for failing
of effect third-party liability insurance for his motor vehicle.
(g) Fix and revise premium rates and a scale
of indemnities either in foreign exchange or Myanmar kyats
and prescribe and
revise the procedures to be followed and the terms and conditions
to be observed in
respect of a foreign motor vehicle entering or passing
through Myanmar. The scale of indemnities shall
be determined with the approval of
the Ministry by notification in the official Gazette.
(h) Charge the premium in foreign exchanges in respect of a
foreign motor vehicle entering or passing
through Myanmar.
9. The Myanma Insurance shall pay the indemnity to the Victim
in the following order:-
(a) The Deceased’s
(1) Legal spouse
(2) Offspring
(including adopted children)
(3) Parents
(4) Brothers and
sisters
(5) Legal inheritor
in accordance with the customary law of the Deceased, in case
the Deceased had
no brother nor sister
(6) In the case
of a dispute about question of law as regards the legal inheritor
in (5) above, the
beneficiary finally sanctioned by a court of law having
jurisdiction over such a case.
Explanation-
In the case of the death of a religious person, or a person
engaged in religions affairs,
the indemnitee
shall be the person selected by the highest ersonage or the
highest religious
organization of the
Deceased's faith who are entitled to make such a selection.
(b) The Injured,
(c) The Owner of the property damaged.
Explanation-
Provided that nothing in this Rule shall apply to the damage
to and loss of the property
carried on the
motor vehicle and cash, jewellery and personal effects carried
by the Victim.
10. The Myanma Insurance shall indemnify the Victim in respect
of death, bodily injury or property damage
caused to a third-party by a motor
vehicle for which no premium had been paid.
11. Where a motor vehicle owner fails to pay, pursuant to
these Rules, premium, fine and expenses payable
to the Myanma Insurance, it
is entitled to cause the owner to pay the unpaid amount as
being the land
revenue remaining unpaid. |
