NEW INDIA ASSURANCE COMPANY LTD. Vs. SUMITRA RANI DEB
HIGH COURT TRIPURA
NEW INDIA ASSURANCE COMPANY LTD.
Sumitra Rani Deb
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AKIL KURESHI,CJ. -
(1.)This appeal is filed by the insurance company to challenge the award dated 24.11.2017 passed by the Motor Accident Claims Tribunal, West Tripura, Agartala in T.S (MAC) No.228/2016.
(2.)Brief facts are as under:-
The claimant was mother of the deceased who died in a vehicular accident and the claims tribunal awarded compensation of Rs.9,22,200/-. Only contention raised before me by the insurance company is that on the date of accident the vehicle had no fitness certificate and goods permit. The vehicle was plying on the date of accident without fitness certificate and, therefore, in violation of conditions of the insurance policy the insurance company was therefore, not liable to cover the risk.
(3.)This contention of the insurance company was raised before the claims tribunal also in following manner:
"Ld. Counsel for the Insurance Company by submitting a written argument submitted that the owner of the motor bike has not been made a Party in the petition and that on the date of accident the vehicle had no fitness certificate and route permit and the vehicle was plying on the date of accident without fitness certificate and route permit and as such for violation of conditions the Insurance Company cannot be held liable for payment of the award. Ld. Counsel for the Insurance Company also stated that no survival certificate has been submitted to show that the claimant is only legal representative of the deceased and as such in absence of survival certificate the claimant can be held to be the only legal representative of the deceased. "
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