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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RADHAKISHAN AGRAWAL
Awadhesh Kumar Yadav S/o Shri Ramdev Yadav – Appellant
Versus
Ekta Walter W/o Late Ranu Raj Walter – Respondent
JUDGMENT :
RADHAKISHAN AGRAWAL, J.
1. This is owner’s appeal seeking quashment of the award dated 04.03.2016 passed by the Motor Accidents Claims Tribunal, Korba (for short ‘the Tribunal’) in Claim Case No. 60/2014 whereby the learned Tribunal has fastened the liability upon Non-Applicant No.1 and 2 driver and owner of the vehicle.
2. As against the compensation of Rs.1,22,00,000/- claimed by the claimants (respondent Nos.1 to 4 herein) by filing claim application under Section 166 of the Motor Vehicles Act, 1988 (for short ‘the Act of 1988’) on account of death of the deceased – Ranu Raj Walter @ Sonu occurred in the motor vehicular accident on 04.12.2012, the Tribunal awarded a total sum of Rs.8,86,968/- along with interest @ 8% per annum from the date of claim application till its actual payment.
3. The Tribunal, on a close scrutiny of the evidence led, held that the accident occurred on 04.12.2012 due to rash and negligent driving of the truck bearing registration No. CG-0-J-8045 (in short, ‘the offending vehicle’) by its driver – Prem Singh Chandra, respondent No.5 herein, Ranu Raj Walter @ Sonu, who was aged about 31 years and was working in the H.D.F.C. Bank, has died on account
The absence of a valid fitness certificate for a transport vehicle constitutes a fundamental breach of insurance policy, rendering the owner liable for compensation.
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....
Absence of a valid fitness certificate for a vehicle constitutes a fundamental breach of the insurance policy, thereby impacting liability and compensation assessment.
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 valid Fitness Certificate for a transport vehicle constitutes a fundamental breach, entitling the right to recover compensation from the vehicle owner.
Sub-section (5) of Section 81 of Act deals with a case of deemed permit or takes care of a situation where pending renewal of a permit, a transport vehicle is playing on a public road.
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'.
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