Karnataka HC: Insurer liable even if vehicle lacks fitness certificate

BENGALURU: If the insurance of a vehicle was valid as on the date of the accident, then the liability of the insurance company cannot be absolved even if there was no fitness certificate (FC), the Karnataka high court has observed in a recent judgment.

Negating the argument by New India Assurance Company, Justice HP Sandesh has pointed out that in two judgments in 2018, the high court had opined that not having a valid FC was not a fundamental breach.

“The main contention of the appellant-insurance company is that in spite of no permit to ply the vehicle in thatplace and no FC, the tribunal committed an error in fastening the liability. The contention of the insurance company cannot be accepted,” Justice H P Sandesh has said.

If the insurance of a vehicle was valid as on the date of the accident, then the liability of the insurance company cannot be absolved even if there was no fitness certificate (FC), the Karnataka high court has observed in a recent judgment.