S.81(5) Motor Vehicle Act: Permit Renewed After Condoning Delay Is Deemed To Be Effective From Date Of Actual Expiry

Case: Dr Narasimulu Nandini Memorial Education Trust v. Banu Begum & Others

Coram: Justice Sreenivas Harish Kumar and Justice S Rachaiah

Case No.: MFA 202022/2016

Court Observation: “It is not in dispute that the offending vehicle did not possess the fitness certificate as also the permit on the day when the accident took place. It is also not in dispute that the appellant obtained both after the accident.”

“Though Ex.R1 indicates that the permit was validated with effect from 30.3.2016, in view of section 81(5) of the Motor Vehicles Act, it should be deemed that on the day when the accident took place, the permit was in force.”

“From the above discussion, we arrive at a conclusion that the fourth respondent/insurance company cannot disown its responsibility to indemnify the liability of the appellant. In this view, the finding of the tribunal is not sustainable and therefore this appeal deserves to be allowed.”

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Keywords

Permit Renewed, Condoning Delay

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