HomeTech newsEven if there is no fitness certificate at the time of the...

Even if there is no fitness certificate at the time of the accident, the company cannot claim the claim, says Karnataka HC

highlights

The Karnataka High Court rejected the argument of New India Assurance Company.
Citing the decisions of the court given in the past, said- Not having a valid FC is not a fundamental violation.
As per the rules, it is mandatory for every motor vehicle to have a valid Fitness Certificate (FC).

Bangalore. If the insurance of a vehicle was valid on the date of the accident, then the liability of the insurance company cannot be extinguished. Even if there is no Fitness Certificate (FC). Recently, the Karnataka High Court gave this argument in a decision. Rejecting New India Assurance Company’s contention, Justice HP Sandesh noted that in two judgments in 2018, the High Court had held that not having a valid FC was not a fundamental violation.

Justice HP Sandesh said, “The main contention of the appellant-insurance company was that the tribunal erred in fixing the liability, despite the vehicle being permitted to ply at the location and not having an FC. The contention of the insurance company cannot be accepted.”

Also read- Government has issued a new rule for vehicles, without these two things the vehicle will not be able to drive!

The Karnataka High Court said, if the insurance of a vehicle was valid as on the date of the accident, then the insurance company cannot refuse to pay the claim even if it does not have a Certificate of Fitness (FC).

What is Vehicle Fitness Certificate?
In fact, under the Motor Vehicles Act 1989, it is mandatory for every motor vehicle to have a valid Fitness Certificate (FC) to ensure that the vehicle is fit to ply on the roads. For this, when the fitness certificate is issued, the registration of both private and commercial cars becomes very easy. Let us tell you that from now on it has become mandatory for all the old car owners to put a fitness certificate on the wind shield.

Tags: car insurance, Insurance, Insurance Regulatory and Development Authority, karnataka high court

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