RANGAPPA @ RANGAPPA SHETTY Vs. JAYARAMAIAH

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 claimant submits, the offending vehicle was insured with the second respondent and the policy was in force as on the date of accident. In spite of that the Tribunal has committed an error in not fastening liability on the insurer merely on the ground that the fitness certificate issued in respect of the offending vehicle was expired prior to the accident and it was not renewed subsequently and the vehicle did not have fitness certificate as on the date of accident. In support of his submission, he relied upon a Division Bench judgment of this Court in MFA No. 6621/2006 c.w. MFA CROB No. 304/2006 disposed of on 18th September, 2007.