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Black wind (manager)     30 May 2009

fitness was not updated will get cliam on not

 My taxi car (model  2006) met with an accident  in 2008, my car fitness was not valid at the

time of accident , insurance cmopany refused full claim , will i get any relife from consumer

court.

 

 



 2 Replies

A V Vishal (Advocate)     30 May 2009

Dear Shamam,

S.56. Certificate of fitness of transport vehicles.
(1) Subject to the provisions of sections 59 and 60, a transport vehicle shall not be deemed to be validly registered for the purposes of section 39, unless it carries a certificate of fitness in such form containing such particulars and information as may be prescribed by the Central Government, issued by the prescribed authority, or by an authorized testing station mentioned in sub-section (2), to the effect that the vehicle complies for the time being with all the requirements of this Act and the rules made thereunder:

Provided that where the prescribed authority or the "authorized testing station" refuses to issue such certificate, it shall supply the owner of the vehicle with its reasons in writing for such refusal.

(2) The "authorized testing station" referred to in sub-section (1) means a vehicle service station or public or private garage which the State Government, having regard to the experience, training and ability of the operator of such station or garage and the testing equipment and the testing personnel therein, may specify in accordance with the rules made by the Central Government for regulation and control of such stations or garages.

(3) Subject to the provisions of sub-section (4), certificate of fitness shall remain effective for such period as may be prescribed by the Central Government having regard to the objects of this Act.

(4) The prescribed authority may for reasons to be recorded in writing cancel a certificate of fitness at any time, if satisfied that the vehicle to which it relates no longer complies with all the requirements of this Act and the rules made thereunder; and on such cancellation the certificate of registration of the vehicle and any permit granted in respect of the vehicle under Chapter V shall be deemed to be suspended until a new certificate of fitness has been obtained:

1[Provided that no such cancellation shall be made by the prescribed authority unless such prescribed authority holds such technical qualification as may be prescribed or where the prescribed authority does not hold such technical qualification on the basis of the report of an officer having such qualifications.]

(5) A certificate of fitness issued under this Act shall, while it remains effective be valid throughout India.
 

Since, the vehicle did not have proper registration at the time of  accident the Insurance company is right in refusing to pay the claim. You have a weak case even if you approach any court or consumer forum

 

1 Like

Swami Sadashiva Brahmendra Sar (Nil)     31 May 2009

Dear vishal sir ! s 56 refers to transport vehicle. is a "taxi car" transport vehicle ? i am unable to be clear from definition of transport vehicle provided in MV Act. "Taxi" has not been defined.


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