NATIONAL INSURANCE CO LTD Vs. PUSHPA SINGH

JUDGEMENT

(1.) THIS is an appeal against the order dated 30 June, 2010 of the District Forum, Rewa in case No.387/2009 whereby the Forum has awarded damages to the vehicle of the respondent and Rs.5,000 for monetary loss. Cost of Rs.1,000 has also been awarded.

(2.) IT is not disputed that the vehicle was issued for the period commencing 20.10.2005 and ending 19.10.2006. The vehicle met with an accident on 24.6.2006 of which report was made to the Insurance Company. The Surveyor was appointed who surveyed the loss in the sum of Rs. 22,125 but, finding that as on the date of the accident the truck did not, have any fitness certificate as reflected by Exs.D/7, 8 and 9, the Insurance Company repudiated their liability to pay the damages.

(3.) SECTION 66 of the Motor Vehicles Act, 1988, provides for necessity for permits and on sub -section (1) lays down as under: