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DINESH MEHTA
Sukhlal – Appellant
Versus
Parvati – Respondent
ORDER
1. By way of the present appeal, the appellants have challenged the order dated 19.11.2019, passed by the learned Motor Accident Claims Tribunal, Dungarpur (hereinafter after referred to as "the Tribunal"), whereby a claim petition filed by the respondentclaimants No.1 to 6 was allowed while holding the appellant -owner of the vehicle liable for the claim. The insurance company -respondent No.7 was though held not liable but has been asked to pay the amount of claim, with a stipulation that the insurance company would be entitled to recover the amount from the present appellant-owner of the vehicle.
2. The present appellant was held liable for the claim amount, as the learned Tribunal found that the appellant-owner of the vehicle - Tempo bearing registration No.RJ-12-TA-1420 was not having a fitness certificate, which amounted to violation of policy conditions.
3. Mr. Jain, learned counsel for the appellant argued that if the Transport authority wanted to cancel petitioner’s fitness certificate it was required to pass a speaking order after providing an opportunity of hearing to the petitioner. Since, neither any proceedings were initiated nor the permit issued qua the Tempo in
The absence of a fitness certificate for a transport vehicle constitutes a fundamental breach of policy conditions, entitling the insurer to deny the claim under the policy.
The absence of a valid fitness certificate for a transport vehicle constitutes a fundamental breach of insurance policy, rendering the owner liable for compensation.
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.
The absence of a valid fitness certificate for a transport vehicle constitutes a fundamental breach of insurance policy, justifying claim repudiation under the Motor Vehicles Act.
Repudiation of Claim – Plying the transport vehicle on road without a valid fitness certificate is in violation of provisions of Motor Vehicle Act entitling the Insurance to repudiate the claim.
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.
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....
A vehicle weighing less than 3,000 kg is exempt from permit requirements under Section 66 of the Motor Vehicles Act.
Point of Law : Court dealt with Sections 39, 43, 66 and 192 of MV Act and it was held that plying vehicle on road without any registration certificate is not only an offence under Section 192 of MV A....
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