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2013 Supreme(Kar) 868

ARAVIND KUMAR
New India Assurance Co. , Ltd. , Rep. by Divisional Manager – Appellant
Versus
Shiva Prasad – Respondent


Advocates:
Advocate Appeared:
For the Appellant:R. Jaiprakash, Advocate.
For the Respondents: R1 & R2, Service of notice.

Judgment

1. Insurer is in appeal questioning the correctness and legality of the Judgment and award passed by MACT, Bangalore in MVC 2576/2005 dated 29.12.2007 contending interalia that Tribunal ought not to have fastened the liability on the insurance company.

2. Heard Sri. Jai Prakash, learned Counsel appearing for appellant-Insurance Company. Service of Notice on R-1 & R-2 has been held sufficient vide order dated 08.03.2013 and 21.08.2012 respectively.

3. Contention of Sri. Jai Prakash, learned counsel appearing for insurer can be crystalised as under:

(i) Validity of Policy issued to the offending vehicle is co-extensive with that of registration certificate issued in respect of said vehicle and on account of registration certificate of the offending vehicle not having been renewed or revalidated by jurisdictional Regional Transport Authority the liability of the insurer had ceased on the midnight of the year inasmuch as under section 39 of the Motor Vehicles Act, 1988 no person would be entitled to drive a motor vehicle unless the vehicle is registered in accordance with Chapter IV of Motor Vehicles Act, 1988;

(ii) By operation of law namely sub-section (7) of Section 41 certifica












































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