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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
LALITHA KANNEGANTI
Manager, The Bajaj Allianz General Insurance Co. Ltd. – Appellant
Versus
Ramesh M K, S/o Krishnashetty – Respondent
ORDER :
LALITHA KANNEGANTI, J.
Aggrieved by the award passed in MVC.No.1681/2017 dated 29.08.2019 by the Addl. Senior Civil Judge, Srirangapatna, the Insurance Company as well as the claimants are before this Court. The Insurance Company’s appeal is MFA. No.501/2021 and the claimants’ appeal is MFA.No.2222/2021. The claim petition is filed by the parents of the deceased seeking compensation of an amount of Rs.25,50,000/- for the death of the deceased.
2. It is the case of the claimants that on 19.04.2017 at about 12.30 pm., on KRS-Mysuru road, in front of MMK Hotel, K.R. Sagara Village, Srirangapatna, when deceased along with his friends was proceeding on a bike as a pillion rider, the driver of Tipper lorry drove it in high speed in a rash and negligent manner and dashed to the bike and as a result of which the deceased fell down and sustained injuries on his head and other parts of the body. Immediately after the accident he was shifted to K.R. Hospital, Mysuru. But on the same day on 3.00 pm., he succumbed to injuries while taking treatment. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below:
| Sl. No. | Heads | Rs. | Compensation amount awarded |
| 1. | Los | ||
Absence of a valid fitness certificate for a vehicle constitutes a fundamental breach of the insurance policy, thereby impacting liability and compensation assessment.
An insurance policy breach due to vehicle unfitness does not exempt the insurer from compensating victims; they may recover from the owner after payment, affirming the principle of 'pay and recover'.
Insurer remains liable despite absence of vehicle fitness certificate, emphasizing negligence as core to compensatory claims under Motor Vehicles Act, enabling courts to enhance compensation based on....
The absence of a fitness certificate for a vehicle involved in a road accident can absolve the Insurance Company of its liability, constituting a fundamental statutory infraction under the Motor Vehi....
Absence of a fitness certificate for a transport vehicle constitutes a fundamental breach, allowing the insurer to recover awarded compensation from the vehicle's owner.
The absence of a route permit or fitness certificate does not absolve the Insurance Company from liability under Section 149(2) of the Motor Vehicles Act, 1988.
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