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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
National Insurance Co. Ltd. – Appellant
Versus
Gurdeep Kaur – Respondent
JUDGMENT :
SUDEEPTI SHARMA, J.
1. Since in all the above mentioned appeals, Insurance Company has challenged award dated 19.07.2016 on the ground that no fitness certificate was produced by respondent-Gurmeet Singh (owner/driver of the offending vehicle) to prove that offending vehicle was fit to drive on the road, therefore, all the appeals are decided vide this common judgment.
BRIEF FACTS OF THE CASE
2. Brief facts of the case are that on 13.03.2015, at about 7.30 AM, deceased Diyal Singh was going from village Chhanga Rai Uttar to village Kahna Dhesian along with some other persons namely Bhagwanti, Durga Bibi, Santo Bibi, Desh Singh, Harmesh Singh, Sona Singh, Joginder Singh, Bishamber Singh, Jarnail Singh, Jaspal Singh, Santosh Kumari and Amarjeet Kaur in a Land Cruiser, which was being driven by Sonu at slow speed and on the left side of the road. After crossing village Alfuke, when they had gone little ahead towards Ferozepur, the offending truck came at fast speed from the opposite direction and while coming on the wrong side of the road, it struck against the Land Cruiser. As a result of this accident, all the occupants of the Land Cruiser received serious injuries. They all
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 valid fitness certificate for a transport vehicle constitutes a fundamental breach of insurance policy, rendering the owner liable for compensation.
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.
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....
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.
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