The absence of a fitness certificate for a vehicle constitutes a fundamental breach of the law, violating the terms and conditions of the insurance policy, and makes the Insurance Company not jointly and severally liable to pay compensation.

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 this Court in the case of Oriental Insurance Co. Ltd. vs. Manoj and others, reported in 2014 ACJ 2380 has held that since, the Counsel for the Insurance Company could not satisfy that the non-availability of the fitness certificate would amount to violation of the terms and conditions of the policy, therefore, it was held that the Insurance Company is liable.

5. Section 39 of the Motor Vehicles Act, 1988 provides for registration of the vehicle and section 56 of the Motor Vehicles Act, 1988 provides for fitness certificate.

6. Sections 39 and 56 of Motor Vehicles Act, 1988 reads as under :

39. Necessity for registration.- No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with this Chapter and the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed manner :

Provided that nothing in this section shall apply to a motor vehicle in possession of a dealer subject to such conditions as may be prescribed by the Central Government.

56. Certificate of fitness of transport vehicles.- (1) Subject to the provisions of sections 59 and 60, a transport vehicle shall not be deemed to be validly registered for the purposes of section 39, unless it carries a certificate of fitness in such form containing such particulars and information as may be prescribed by the Central Government, issued by the prescribed authority, or by an authorized testing station mentioned in sub-section (2), to the effect that the vehicle complies for the time being with all the requirements of this Act and the rules made thereunder :

Provided that where the prescribed authority or the authorized testing station refuses to issue such certificate, it shall supply the owner of the vehicle with its reasons in writing for such refusal.

(2) The “authorized testing station” referred to in sub-section (1) means a vehicle service station or public or private garage which the State Government, having regard to the experience, training and ability of the operator of such station or garage and the testing equipment and the testing personnel therein, may specify in accordance with the rules made by the Central Government for regulation and control of such stations or garages.

(3) Subject to the provisions of sub-section (4), a certificate of fitness shall remain effective for such period as may be prescribed by the Central Government having regard to the objects of this Act.

(4) The prescribed authority may for reasons to be recorded in writing cancel a certificate of fitness at any time, if satisfied that the vehicle to which it relates no longer complies with all