SHRI. RANGAPPA ALIAS RANGAPPA SHETTY Vs. SHRI. JAYARAMAIAH AND THE DIVISIONAL MANAGER, THE UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS appeal is by the claimant challenging the Judgment and award made by the Tribunal on the ground of liability. Heard. The appeal is admitted and with the consent of the learned Counsel appearing for the parties, it is disposed of finally.

(2.) FOR the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.

(3.) LEARNED Counsel for the insurer of the offending vehicle submits, admittedly the offending vehicle did not possess the fitness certificate as on the date of accident to use it on road and therefore the Tribunal is justified in not fastening the liability on the insurer of the offending vehicle. In support of his contention, he relied upon a judgment of the Allahabad High Court in the case of Chandresh Kumar Agarwal Vs. Yogendra Kumar Srivastava and Another, (2005) 2 AWC 1565 .