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{
    "id": 409915,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/409915/?format=api",
    "text_counter": 665,
    "type": "speech",
    "speaker_name": "Hon. Langat",
    "speaker_title": "",
    "speaker": {
        "id": 384,
        "legal_name": "Benjamin Kipkirui Langat",
        "slug": "benjamin-langat"
    },
    "content": "Hon. Temporary Deputy Chairman, I beg to move:- THAT, clause 3 be amended— (a) in paragraph (b), by— (i) inserting the words “and the Insurance Regulatory Authority” immediately before the word “prescribe” appearing in the proposed new subsection (1A); (ii) inserting the following new subsection immediately after the proposed new Sub-section (1A)— “(1B) The maximum percentage of the sum specified in section 5(b) and prescribed in the Schedule under this Act shall be inclusive of the medical expenses on the judgment or claim”; (b) by inserting the following new paragraphs immediately after paragraph (b)— “(c) in subsection (2), by deleting the words “fourteen days” appearing in paragraph (a) and substituting therefor the words “thirty days”; (d) in subsection (3), by deleting the words “delivered to the insurer” and substituting therefor the words “duly served upon the insurer together with a disclosure under oath of all the documents intended to be used to prove the claim whether in or out of court”; (e) by inserting the following new subsections immediately after subsection (3)— (3A) No judgment or claim shall be payable by an insurer unless the judgment debtor or claimant had, before determination of liability, subjected themselves to medical examination by a certified medical practitioner in a level four and above hospital or its equivalent or specialist of the insurer’s choice. (3B) An insurer shall have a right to obtain or verify information from the institution which issued the documents intended to be used to prove the claim and this right shall be enforceable before any sum or judgment is satisfied by the insurer; (f) by inserting the following subsection immediately after subsection (4)— (4A) Notwithstanding any other provision under this Act or any other written law, any person who willfully presents false or inaccurate information to the insurer or any court of competent jurisdiction with the intention of benefiting under this Act through— (a) falsification and alteration of treatment documents and records; (b) exaggeration of injuries or degree of incapacitation; (c) falsification and alteration of police documents and records; (d) falsification and alteration of identification documents and records, commits an offence and upon conviction, in addition to the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}