NEW INDIA ASSURANCE COMPANY LTD. Vs. SUNITI RANI PAUL

JUDGEMENT

(1.) This appeal is filed by the insurance company to challenge an award dated 19.04.2018 passed by the Motor Accident Claims Tribunal, West Tripura, Agartala.

(2.) Brief facts are as under:

(3.) In this appeal, the insurance company disputes its liability to satisfy the award on the grounds that the insured had neither produced the certificate of fitness of the vehicle, nor produced the route permit. According to the insurance company, the vehicle was not travelling along the route on which the permit was issued and, therefore, there was a breach of the condition of the insurance policy. The insurance company has not disputed the accident, involvement of the vehicle in question in such an accident, not challenged the finding of the Tribunal that the driver of the vehicle was negligent in causing the accident, nor the quantum of compensation awarded by the Claims Tribunal. In short, the sole ground pressed in appeal is that for the failure of production of vehicle fitness certificate and route permit the insurance company should be absolved from its liability to satisfy the award.