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2016 Supreme(UK) 326

SERVESH KUMAR GUPTA
New India Assurance Company Limited – Appellant
Versus
Anandi Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. V.K. Kohli, Sr. Advocate assisted by Mr. I.P. Kohli, Advocate
For the Respondent:Mr. Tarun Pandey, Advocate

JUDGMENT :

1. Having heard learned Senior Counsel for the appellant-insurance company as well as learned counsel on behalf of the claimants, it transpires that the accident occurred on 18.04.2012 at 4:00 PM on Ram Nagar-Kaladhungi Road, where a passenger bus (bearing no.UA-04-A/2085) dashed Mr. Kishor Ram, a man running in his late 30’s. He succumbed to the injuries and passed away on account of such accident.

2. Learned Senior Counsel has vehemently argued that the fitness certificate was not produced before the Tribunal and as per the information received by investigator of insurer on Form No.54, such fitness was valid since 29.01.2011 to 28.01.2012 and then further, since 25.04.2012 to 24.04.2013.

3. There is no endorsement about the fitness of such passenger vehicle since 29.01.2012 to 24.04.2012 i.e. this vehicle remained without such endorsement almost for two months and twenty seven days and during this period, the accident occurred on 18.04.2012.

4. It has further been argued by learned Senior Counsel that as per requirement of Section 56 of the Motor Vehicles Act, 1988 (hereinafter called as “Act”), any transport vehicle shall not be deemed to be validly registered for the pur

















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