Facts
The claimant sustained injuries in a motor accident on 2 December 2021.
Source reference: para. 1The Motor Accident Claims Tribunal, Katghora, awarded him ₹4,49,000 and fastened liability on the Insurance Company.
Source reference: paras. 1–3The Company appealed under Section 173 of the Motor Vehicles Act, 1988, contending that the vehicle’s National Permit was not validly renewed or authorized for the relevant period.
Source reference: paras. 1–3The vehicle was registered at Raipur, and the accident occurred in Chhattisgarh.
Source reference: para. 8Issues
1. Whether the alleged absence of a valid permit authorization for the vehicle’s operation in Chhattisgarh constituted a breach of the insurance policy absolving the Insurance Company of liability.
Source reference: paras. 3, 7–82. Whether the Tribunal’s decision to fasten liability on the Insurance Company warranted interference in appeal.
Source reference: paras. 2, 9Law Applied
The appeal was brought under Section 173 of the Motor Vehicles Act, 1988.
Source reference: para. 1Relying on Shri Binod Kumar Singh v. National Insurance Company Ltd., SLP (Civil) No. 13060 of 2020, the Court applied the principle that authorization fees for a National Permit are required when a vehicle travels outside the State in which the permit was issued; separate authorization is not required for use within that State.
Source reference: paras. 7–8Reasoning
The Court treated the relevant objection as one concerning the absence of permit authorization.
Source reference: para. 8It found that the vehicle was registered with the Raipur Transport Authority, was being operated in Chhattisgarh, and met with the accident there.
Source reference: para. 8Applying Shri Binod Kumar Singh, the Court held that separate authorization was not required for the vehicle’s operation within the State.
Source reference: paras. 7–8Accordingly, the alleged absence of authorization did not establish a policy breach that would relieve the Insurance Company of liability.
Source reference: paras. 7–9Holding
The Court found no infirmity in the Tribunal’s decision to fasten liability on the Insurance Company.
The Court dismissed the appeal as devoid of merit.
Source reference: para. 9Original Court PDF
UNITED INDIA INSURANCE COMPANY LIMITEDvsRAJENDRA KUMAR TANDON
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