United India Insurance Co.Ltd. vs Brajesh Jain
2022 Latest Caselaw 3623 MP

                                                        1
           The High Court Of Madhya Pradesh
                     MA No. 1048 of 2022
                        (UNITED INDIA INSURANCE CO.LTD. Vs BRAJESH JAIN AND OTHERS)

Jabalpur, Dated : 14-03-2022
       Shri K.K. Singh, learned counsel for appellant.

       Counsel appearing for appellant submitted that owner of vehicle was not
having fitness certificate and in absence of fitness certificate, he could not have
brought the vehicle on road and act will amount to breach of conditions of policy,
therefore, Motor Accident Claims Tribunal has committed an error of law in
imposing liability jointly and severely on appellant along with other respondents.

Learned counsel for appellant relied on judgment dated 28.09.2018 passed by Division Bench of Madras High Court in case of Branch Manager, The Oriental Insurance Company Limited V. Sangeetha in M.A. No.3533/2017.

Issue notices to respondents on payment of P.F. within seven days. Notices be made returnable within four weeks. Registry is directed to call for the records from Claims Tribunal. Meanwhile, operation of impugned award dated 23.10.2021 passed in MACC No.01/2017 shall remain stayed till next date of hearing subject to deposit of 50% of the awarded amount before the Claims Tribunal. The amount deposited

by the appellant shall not be disbursed to the claimants without leave of this Court.

C.C as per rules.

(VISHAL DHAGAT) JUDGE

sp/-

SUNIL Digitally signed by SUNIL KUMAR PATEL DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya

KUMAR Pradesh, 2.5.4.20=3ad456309c8cfa67fdf9acdac6949bbc6 ea3342f02b1af1bdaf3424a04c11d99, pseudonym=EB80E81424E3C3A3FCB5801D65B 573419C2D9C68,

PATEL serialNumber=5011B37A3DD5E32019F501F10E 878D2F118732491B5F40BDC9923237D954365B, cn=SUNIL KUMAR PATEL Date: 2022.03.16 12:56:27 +05'30'