Without Any Fitness Certificate:
Motor Vehicles Act (59 of 1988) S.147 — Liability of insurer — Alleged wilful breach of policy conditions as offending vehicle was driven without any fitness certificate — Insurer failed to show that such condition contained in insurance policy — Insurer also has not led any evidence to infer that driver was not having valid and effective driving licence — Insurer liable to pay compensation (Paras 13, 14)
Parveen Kumar
Vs Sunil Kumar and another
Himachal Pradesh High Court
FAO: 289 /2009
2016 AAC 47 (HP)
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