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HC (19/12/2022)


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Motor Vehicles Act, 1988–Secs. 39, 56 & 149–Fitness certificate–Lack of–Effect–Breach of the conditions of possessing a valid fitness certificate is not a mere technical breach, but a fundamental breach of the policy conditions– Thus, the breach entitles the insurer to deny the claim under the policy and the duty/liability of indemnification by the insurance company does not arise at all–In the instant case, there was no valid fitness certificate on the date of the accident, the vehicle cannot be plied on the road–The Vehicle was plied in clear violation of the terms of the policy on the date of the accident–
Held, the Insurance Company has rightly been entitled to recover the amount
of the claim.