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.

JUDGMENT

Navin Chawla, J. (Oral)--This appeal has been filed by the appellant challenging the Award dated 24.12.2021 (herein after referred to as the `Impugned Award') passed by the learned Motor Accident Claims Tribunal-01 (North), Rohini Court, Delhi (herein after referred to as the `Tribunal') in MAC Petition No. 125/2015 titled Smt. Shakuntala & Ors. v. Sh. Mahipal & Anr..

2. The limited challenge to the Impugned Award is on the ground that the learned Tribunal has failed to appreciate that the Offending Vehicle, which is a tractor bearing Registration No. HR-38V-0680, was being driven without a valid Fitness Certificate and, therefore, a right to recover the compensation from the owner, that is, the respondent no.1 herein, should have been reserved with the appellant.

3. The learned counsel for the appellant has placed reliance on the cross-examination of the respondent no.1, who had appeared as R1W1 before the learned Tribunal. In the course of his cross examination recorded on 09.07.2019, on the issue of the Fitness Certificate, the respondent no.1 had stated as under:

"I am 7th class pass. I do not understand English language. I am aware about the contents of my affidavit. It is wrong to suggest that I have not placed on record fitness certificate of the offending vehicle. I am filing the same today.

Court observation: Respondent No.1 has already exhibited it but had not placed on the Court file. Accordingly is given Ex. R1W1/R2X1. It is correct that I have no fitness certificate as on the date of accident. Vol. I had deposited the amount but I was not able to get it from the concerned Authority. I do not have any receipt with me today for getting the fitness certificate prior to the date of accident for that reason I do not have any receipt for depositing the amount for getting the fitness certificate. It is correct that on the date of accident I was authorized only to drive non-transport vehicle and tractor. Vol. As per my licence I was authorized to drive the tractor. It is wrong to suggest that on the date of accident I was not authorized to drive the offending vehicle. It is wrong to suggest that in view of terms and conditions of insurance policy, insurance company is not liable to pay any compensation."

(Emphasis supplied)

4. He submits that the Fitness Certificate that was exhibited as Ex.R1W1/R2X1, was of the period subsequent to the date of the accident. The witness has also admitted that he had not obtained the Fitness Certificate for the vehicle as on the date of the accident.

5. The learned counsel for the appellant, placing reliance on the Full Bench Judgment of the High Court of Kerala in Ramankutty v. Pareed Pillai, 2018 SCC OnLine Ker 3542, and the judgment of this Court in Kaushalpati Pandey v. New India Ass. Co. Ltd. And Others, 2020 SCC OnLine Del 2660, submits that the learned Tribunal has erred in not reserving a right of recovery in the appellant.

6. In spite of the respondent no.1 having been served through publication, none has appeared for the respondent no.1. The respondent no.1 is accordingly proceeded ex parte.

7. It is found from the reading of the Impugned Award that the learned Tribunal has laid emphasis only on the nature of the Driving License which was held by the respondent no.1 and not on the issue whether the Offending Vehicle had a valid and subsisting Fitness Certificate as on the date of the accident.

8. The importance of a Fitness Certificate has been highlighted by the High Court of Kerala in its judgment in Ramankutty (supra), observing as under:

"17. Importance of the fitness/road worthiness of a vehicle, right from the time of registration of the vehicle, is further discernible from Rule 47 of the Central Motor Vehicles Rules 1989 [referred to as Central Rules].The said Rule deals with application for registration of motor vehicles, which, among other things, stipulates that it shall be accompanied by various documents. Under sub-rule (1)(g), It is mandatory to produce ro