JUDGMENT :

This miscellaneous appeal under section 173 of Motor Vehicles Act has been filed against the award dated 27-8-2015 passed by 14th Motor Accident Claims Tribunal, Gwalior in Claim Case No. 298/2014 by which the Insurance Company has been made jointly and severally liable to pay the compensation.

2. Since the factum of accident has not been denied, therefore, suffice it to say that the respondent No. 1 Vinod suffered grievous injuries in a vehicular accident which took place on 28-3-2013 caused by Tavera four wheeler bearing registration No. MP37T-0233. The said offending vehicle was registered as taxi and the Claims Tribunal in its paragraph 30 of the award has come to a conclusion that it was not having fitness certificate. However, the contention of the Insurance Company has been rejected on the ground that non-availability of fitness certificate cannot be said to be violation of terms and conditions of the insurance policy as in absence of any such condition, it cannot be said that non-availability of the fitness certificate in any manner violates the terms and conditions of the insurance policy.

3. Heard the learned counsel for the parties.

4. The co-ordinate bench of thi