NATIONAL INSURANCE CO. LTD. Vs. SUNITA MARKAM

JUDGEMENT

(1.) These two appeals i.e. M.A. No.1880/2021 and M.A. No.1881/2021 have been filed by the Insurance Company being aggrieved of award dtd. 12/12/2019 passed in Claim Case Nos.805/2016 and 804/2016 respectively on the ground that offending vehicle bearing registration No.M.P.-50-L-0135 owned by Chief Municipal Officerr, Municipal Office, Malajkhand and used as fire brigade was not having fitness on the date of accident which took place on 27/12/2015.

(2.) The only question which has been raised in these appeals is that whether in absence of a fitness though it is admitted that the said vehicle was having valid permit to ply, Insurance Company should have been exonerated or not.

(3.) Shri Shukla, learned counsel for the appellant, has placed reliance on the Constitution Bench judgment of Kerala High Court at Ernakulam in the case of Pareed Pillai Vs. Oriental Insurance Co. Ltd., 2018 SCC Online Ker 3543 to suggest that in absence of fitness and permit vehicle was not permitted to ply on public road.