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Madras HC keeps bumper-to-bumper insurance order in abeyance

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The Madras High Court on a representation of the non-life insurance sector body, the General Insurance Council, has kept its earlier order in abeyance on the compulsory bumper-to-bumper insurance cover for five years for all new cars and two wheelers.

Last month, the Madras High Court by an order made the costly bumper-to-bumper insurance cover compulsory for all new private cars sold from September 1, 2021.

The General Insurance Council in its representation while saying that non-life insurers are prepared to comply with the court’s order also pointed out that they are merely distributors of the products approved by sectoral regulator Insurance Regulatory and Development Authority of India (IRDAI).

The Council also requested the court for 90 days’ time to effect changes in their computer systems after due approval for IRDAI.

The court on its part on Wednesday ordered, Council and IRDAI as necessary parties to this case, in addition to making the Additional Chief Secretary, Transport Department, Chennai and the Joint Transport Commissioner (R), Chennai as Respondents.

The state government on August 31 had issued a circular ordering vehicle registering offices to abide by the court’s order making it compulsory for new cars and two wheelers to have bumper-to-bumper insurance cover at the time of registering the vehicles.

Vehicle insurance policies are two parts — own damage (insurance for the vehicle against damage, theft) and third party liability (liability for third parties).

The third party insurance cover is mandatory whereas the insurance cover for vehicle damage is not mandatory.

The Madras High Court order is for making insurance cover for vehicles mandatory.

Commenting on the lack of awareness on the part of car owners about the liability for occupants of the car the court while hearing a case had ordered: “Therefore, this court directs that whenever a new vehicle is sold after 01.09.2021, it is mandatory for coverage of bumper-to-bumper insurance every year, in addition to covering the driver, passengers and owner of the vehicle, for a period of five years.”

“Thereafter, the owner of the vehicle must be cautious in safeguarding the interest of driver, passengers, third parties and himself/herself, so as to avoid unnecessary liability being foisted on the owner of the vehicle, as beyond five years, as on date there is no provision to extend the bumper-to-bumper policy, due to its non-availability,” the had court ordered.

“It is a patently untenable order (court’s order) and would not stand legal scrutiny if the vehicle makers or any other aggrieved party goes on appeal,” D. Varadarajan, a Supreme Court advocate specialising in company/competition/insurance laws, had told IANS.

One of the interesting points in the court’s order issued on Wednesday is that it clarifies bumper-to-bumper insurance as a package policy.

A bumper-to-bumper insurance is generally termed as an insurance cover where the claims for parts are settled without applying depreciation whereas in the case of package policy or comprehensive policy, claims are settled after applying depreciation on replaced parts.

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Sensex may face resistance at 76,300, Nifty support seen at 23,600: Analysts

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Mumbai, July 26: The benchmark equity indices are likely to remain under pressure in the coming week, with the Sensex facing immediate resistance around the 76,300 level and the Nifty expected to find crucial support near 23,600 after both indices extended losses in a volatile trading week marked by rising crude oil prices, geopolitical tensions and weak banking stocks, analysts said on Sunday.

According to experts, the Sensex surrendered the gains made in the previous week and slipped below the psychologically important 77,000 mark as geopolitical concerns and earnings-related pressures weighed on investor confidence.

“From a technical perspective, the 76,300 zone now acts as immediate resistance. On the downside, the 75,800–75,700 zone is likely to offer immediate support; a break below could open the door towards 75,500–75,400,” a market expert mentioned.

For the Nifty, analysts said the index slipped below the lower end of its month-long consolidation band of 23,800-24,400 and tested support near the rising trendline around the 23,600 level before ending the week at 23,767.45.

“A decisive breach below the 23,600 support zone could accelerate the correction towards the previous swing low of 23,100. On the upside, the 24,000–24,100 region is expected to act as the first resistance, followed by a stronger hurdle around the 24,400 mark,” a market expert mentioned.

Meanwhile, in the previous week, the Indian stock market witnessed heightened volatility as investors turned cautious amid a spike in global crude oil prices and renewed geopolitical uncertainties.

Mixed first-quarter earnings from banking companies further weighed on sentiment, while a weakening rupee and a broader risk-off mood restricted buying despite resilient domestic macroeconomic indicators and stock-specific opportunities emerging during the ongoing earnings season.

The Sensex fell 2.68 per cent over the week to settle at 76,059.77, while the Nifty declined 2.33 per cent to close at 23,767.45.

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Govt earmarks Rs 2,010 crore to boost judicial infra, eCourt modernisation

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New Delhi, July 26: The government has allocated Rs 2,010 crore to boost judicial infrastructure and digitisation of courts, including necessary training and capacity building programmes.

According to Law Minister Arjun Ram Meghwal, under the Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for the District and Subordinate Courts, a sum of Rs 810 crore has been allocated in the Union Budget 2026 for judicial infrastructure.

In addition, sum of Rs 1,200 crore has been allocated in the Budget for the eCourts Project Phase-III being implemented for digitisation of courts including necessary training and capacity building programmes, he said in a written reply to a question in the Lok Sabha.

Adequate budgetary provisions are made under these Schemes based on approved outlays and availability of funds.

“However, the expeditious disposal of cases depends on multiple factors including complexity of case, quality of investigation, availability of relevant evidence and presentation thereof by the Advocates, timely delivery of the court processes, active participation of the parties, judicial procedures, etc,” said the minister.

The government, in coordination with states and the judiciary, has taken several measures to ensure accessible, speedy and effective justice across the country.

Meanwhile, a Centrally Sponsored Scheme to set up Fast Track Special Courts (FTSCs), including exclusive POCSO (ePOCSO) courts was launched in October 2019, for the expeditious trial and disposal of pending cases related to rape and offences under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

The scheme was extended twice, with the last extension valid up to March 31, 2026 for establishment of 790 FTSCs. The scheme has been temporarily extended upto September 30, 2026.

As per the information made available by the High Courts, as of April 30, 775 FTSCs, including 398 exclusive POCSO (e-POCSO) Courts were functional in 29 States/UTs, informed the minister.

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Business

HDFC Bank shares fall over 1 pc as US law firms launch securities probe

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New Delhi, July 24: Shares of India’s largest private sector lender, HDFC Bank, fell more than 1 per cent in early trade on Friday after three US law firms announced separate investigations into whether the bank may have violated federal securities laws.

The investigations were announced by the Law Offices of Howard G. Smith, the Law Offices of Frank R. Cruz and Glancy Prongay Wolke & Rotter through separate press releases.

According to the law firms, the investigations are focused on whether HDFC Bank and certain of its executives made materially misleading statements or failed to disclose information relevant to investors, potentially violating US federal securities laws.

The probes stem from a May 27 report by The Indian Express — which alleged that HDFC Bank made payments of about Rs 45 crore (Rs 450 million or around $4.7 million) to the Maharashtra State Road Development Corporation (MSRDC) to attract large institutional deposits.

The report also alleged that the payments were booked as marketing expenses and that the bank’s Chief Executive Officer was aware of them.

According to the law firms, HDFC Bank’s American Depositary Receipts (ADRs) fell $1.02, or 4.1 per cent, to close at $23.78 on May 27 following the publication of the report.

The firms have invited investors who suffered losses in HDFC Bank ADRs to contact them and share relevant information as they assess whether there are sufficient grounds to pursue securities-related claims.

However, no securities class action lawsuit has been filed against HDFC Bank at this stage. The investigations are preliminary and are intended to determine whether legal action is warranted.

However, the lender has not issued any statement on the matter to the stock exchanges — the NSE and the BSE — till 10:30 am.

On Friday, HDFC Bank shares fell as much as 1.44 per cent during early trade on the BSE. The stock has declined more than 25 per cent over the past one year, nearly 20 per cent in the last six months, and around 25 per cent so far this calendar year.

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