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S.K.KULSHRESTHA, PRAMILA S.KUMAR, NEERJA SINGH
National Insurance Co. Ltd. – Appellant
Versus
Pushpa Singh – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Ms. Preetima Shrivastava, Advocate.
For the Respondent:Mr. Umeshwar Dayal, Advocate.

ORDER (ORAL)

S.K. Kulshrestha, President— This is an appeal against the order dated 30 June, 2010 of the District Forum, Rewa in case No.387/2009 whereby the Forum has awarded damages to the vehicle of the respondent and Rs.5,000 for monetary loss. Cost of Rs.1,000 has also been awarded.

2. It is not disputed that the vehicle was issued for the period commencing 20.10.2005 and ending 19.10.2006. The vehicle met with an accident on 24.6.2006 of which report was made to the Insurance Company. The Surveyor was appointed who surveyed the loss in the sum of Rs. 22,125 but, finding that as on the date of the accident the truck did not have any fitness certificate as reflected by Exs.D/7, 8 and 9, the Insurance Company repudiated their liability to pay the damages.

3. Section 66 of the Motor Vehicles Act, 1988, provides for necessity for permits and on sub-section (1) lays down as under:

“66. Necessity for Permits— (1) No owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods save in accordance with the conditions of a permit granted or countersigned by a Region














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