J.K. Maheshwari, J.

Heard.

2. This case is listed in defect of not signing the appeal memo. Under the directions of the Court, the signature has been put forth by the appellant, however, the defect stands cured.

3. Heard on the question of admission.

4. Being aggrieved by the award dated 4-2-2013 passed by Vth MACT, Indore in Claim Case No. 4/2011, assailing the finding not to absolve the insurance company from the liability or to direct to pay and recover due to not possessing the permit by the vehicle in question, this appeal has been preferred by the insurance company under Section 173(1) of the Motor Vehicles Act, 1988.

5. As the other pleadings are not relevant h for adjudication and the point of availability of the fitness certificate and its non-availability would amount to violation of the terms and conditions of the policy is required to be adjudicated, therefore, the other facts are not required to be mentioned in detail.

6. In the present case, the offending vehicle is Bajaj Loading Rickshaw bearing registration No. MP 12-LA-0246 by which the injured has received the injury in a road accident arising out of the use of said vehicle. The Tribunal awarded a compensation