THANK"S to mahedra g
dubey.umashanker
(Querist) 01 August 2010
This query is : Resolved
sir
i m very thank full to u that u give such attention.
background of this quarry is .
a person M is traveling in a auto.the driver of this auto driving the auto very rashly.auto was getting an accident&fall on road. the person M was died on spot.legal hair of person M file claim petition.on the stage of evidence insurance company produce an evidence that such vehicle was traveling in out of permit area so we r not liable for compensation because it is breach of policy.this was on the stage of argument. so plse u provide SC or ALLHABAD HC DECISION ON THIS point that insurance company is liable for such compensation.
Arvind Singh Chauhan
(Expert) 02 August 2010
Sir I couldn't understand the words" out of permit Area". Whether it means without having valid permit Or it was running beyond the route mentioned in permit.
If it is said by insurer company that Vehicle was running without valid permit or in contravention of conditions of permit.
Sec Sec 66(3) of MV Act clearly says vehicle having gross vehicle weight less than 3000 kg requires no permit.
Gross vehicle weight is mentioned in the Registration certificate.
dubey.umashanker
(Querist) 02 August 2010
THANK"S ARVIND G
The said auto was running beyond the route mentioned in permit.
sir if u have any SC or ALLAHABAD HC ruling pls provide me. i m very thankful to u.
Arvind Singh Chauhan
(Expert) 05 August 2010
Please check the RC of Auto. I am confident that it requires no Permit because it's gross vehicle weight is not above than 3000 kg.
