IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 MACA.No. 181 of 2008() ---------------------- OPMV.1079/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT/1ST RESPONDENT: --------------------------------------- SHAJITH K.K., S/O. DASAN, VALIAVEETUPARAMBIL, PERAVOOR P.O., NIDUMPOYIL. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): PETITIONER & RESPONDENTS 2 & 3: ---------------------------------------------- 1. PARAKKANDY MATHU, W/O. LATE KRISHNAN, AGED 68 YEARS, PARAKKANDY HOUSE, AYITHARA MAMBARAM P.O. 2. ANOOP N.K., S/O. NANU, PERUMBACHALIL HOUSE, KANDAMKKUNNU AMSOM, AYITHARA DESOM. 3. THE NATIONAL INSURANCE COMPANY LTD., KANNUR. ADV. SRI.JOE KALLIATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.181 OF 2008 ............................................. Dated this the 5th day of April, 2010. J U D G M E N T This appeal is preferred against the award of the Claims Tribunal, Thalassery in OP(MV)No.1079/2001. The claimant while travelling in an auto rickshaw sustained injuries when the auto rickshaw in which he was travelling capsized. The tribunal awarded him a compensation of Rs.24,050/= and directed the insurance company to pay the amount and realise it from the owner. The reason for granting an order for realisation from the owner was on the basis that the vehicle did not have a valid fitness certificate on the date of the accident. The investigating agency after conclusion of the investigation, charge sheeted the owner under Section 56 read with Section 192 of the M.V.Act for driving the vehicle without having fitness certificate. There was also an interrogatory served on the second respondent and it was not answered or the fitness certificate was produced. 2. I also granted time to the learned counsel for the : 2 : M.A.C.A.No.181 OF 2008 appellant at his request to produce the fitness certificate, if any, so that the controversy can be resolved. The learned counsel is not in a position to produce the fitness certificate. 3. Fitness certificate is an important document for plying a vehicle through the road rather, it is a document which certifies the road worthiness of the vehicle. When a vehicle is not road worthy, it is against the provisions of the policy condition to drive such a vehicle through the road. It is more so when it is carrying public as an auto rickshaw. 4. Therefore in the absence of fitness certificate, it can be safely held that there is breach of the policy condition and when there is breach of the policy condition, on satisfaction of the award in favour of the third party, the insurance company is entitled to realise the amount from the owner. So, the finding of the tribunal does not suffer from any infirmity. 5. Therefore the appeal is devoid of any merit and it is dismissed. But, I grant four months' time to the appellant to pay the amount to the insurance company and till that : 3 : M.A.C.A.No.181 OF 2008 time is over, the insurance company or the revenue authorities are prevented from executing the award forcibly against the appellant. Disposed of accordingly. M.N. KRISHNAN, J UDGE. cl