Tamil Nadu: Insurance firm not liable if vehicle lacks fitness certificate, says court
CHENNAI: Holding that operating a vehicle without fitness certificate is a serious offence leading to cancellation of the registration, the Madras High Court has refused to interfere with the order of a motor vehicle accident claims tribunal absolving the insurance firm of the liability and directing the civic body to pay compensation to the dependent of an accident victim. A division bench comprising justices R Subramanian and R Sakthivel recently dismissed an appeal filed by the civic body challenging the award of compensation of Rs 16.96 lakh. The bench directed the civic body to pay the amount within four weeks.
The mishap, in which a pillion rider Murugesan was killed in 2016, was caused by the truck belonging to the corporation operated without a valid fitness certificate. It was insured with New India Assurance Co. Ltd.
“The consequence of absence of fitness certificate is very serious, which goes to the extent of nullifying the registration of the vehicle, since the vehicle without fitness certificate is deemed to have been not registered at all,” the bench held. There is a clear bar on people using vehicles without registration on public roads, the bench said, citing a Supreme Court verdict, such violation is a fundamental statutory infraction. It concurred with the submission of advocate SP Chokkalingam, appearing for the insurance company, that the company is not liable to pay the compensation if the vehicle that caused the mishap does not have a fitness certificate.