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无牌照及许可证的车辆;保险公司仍需支付赔偿:卡纳塔克邦高等法院
终审法院推翻了下级法院的判决。下级法院较早前裁定，因校车在事故发生当日未有健康证明书及许可证，要求校车车主向事故受害者家属作出赔偿。
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塔塔汽车获得埃弗拉2000辆XPRES电动汽车订单
这些车辆是现有的塔塔汽车电动汽车车队的一个补充与聚合器。
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终审法院推翻了下级法院的判决。下级法院较早前裁定，因校车在事故发生当日未有健康证明书及许可证，要求校车车主向事故受害者家属作出赔偿。
高等法院已指示保险公司向校车车主支付全部赔偿金额。
高等法院表示，保险公司“不会签发保险单，除非健康证明有效，而且似乎健康证明在保险单签发后已过期。”
就许可证问题，法院指出:“在现有许可证过期后申请许可证时，是在过渡期发放临时许可证，与续签无关。”
高等法院表示，“应视为在事故发生当日，许可证已生效”，并补充说，“保险公司不能否认其对上诉人的赔偿责任。”
2015年9月28日，赛义德·瓦利和另一个人穆罕默德·沙利骑着摩托车，两轮摩托车与校车相撞。瓦利当场死亡。
瓦利的妻子巴努·贝古姆和两个孩子马兰·贝古姆和穆拉·胡森提出了赔偿要求。
保险公司，The新印度保险公司，声称该校车没有健康证明，其许可证并不有效，尽管保险单有效。
信托基金会向高等法院提出上诉，对其提出挑战。2016年提出的上诉最近由法官Sreenivas Harish Kumar和法官S Rachaiah处理。
根据HC的命令，该金额现在由保险公司赔偿给信托。
(由PTI输入)
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The HC overruled the judgement of a lower court which had earlier ordered the owner of the school bus to pay compensation to the family of an accident victim because the school bus did not have fitness certificate and permit on the day of accident.
The HC has directed the insurance company to indemnify the school bus owner by paying the entire compensation amount.
<\/div><\/div>\"In this case though the insurance policy was in force on the date of accident, the permit and the validity of the fitness certificate had expired,\" the court noted, as per the PTI report. The fitness certificate was obtained after the accident.
The HC said that the insurance company \"would not have issued the policy unless fitness certificate was in force and it appears that the fitness certificate expired after the issuance of the policy.\"
As for the permit, the court pointed out that when the permit is applied for after the existing one has expired, \"temporary permit is issued for the interregnum period, and it has nothing to do with renewal.\"
The HC said that \"it should be deemed that on the day when the accident took place, the permit was in force,\" adding that the \"insurance company cannot disown its responsibility to indemnify the liability of the appellant.\"
Syed Wali was riding a motorcycle with another person Mohammed Shali on the pillion on September 28, 2015 when the two-wheeler was involved in the accident with the school bus. Wali died instantly.
Wali's wife Banu Begum and children Malan Begum and Moula Husen filed claims for compensation.
The insurance company, The New India Assurance Co<\/a>, claimed that the school bus did not have (a) fitness certificate and its permit was not in force even though the insurance policy was in force.
The HC said that the insurance company \"would not have issued the policy unless fitness certificate was in force and it appears that the fitness certificate expired after the issuance of the policy.\"
As for the permit, the court pointed out that when the permit is applied for after the existing one has expired, \"temporary permit is issued for the interregnum period, and it has nothing to do with renewal.\"
The HC said that \"it should be deemed that on the day when the accident took place, the permit was in force,\" adding that the \"insurance company cannot disown its responsibility to indemnify the liability of the appellant.\"
Syed Wali was riding a motorcycle with another person Mohammed Shali on the pillion on September 28, 2015 when the two-wheeler was involved in the accident with the school bus. Wali died instantly.
Wali's wife Banu Begum and children Malan Begum and Moula Husen filed claims for compensation.
The insurance company, The New India Assurance Co<\/a>, claimed that the school bus did not have (a) fitness certificate and its permit was not in force even though the insurance policy was in force.
<\/div><\/div>The II Additional District and Sessions Judge in 2015 accepted the contention of the insurance company. It awarded a compensation of Rs 6,18,000 to the family members of Wali and ordered the owner of the school bus, Dr. Narasimulu Nandini Memorial Education Trust, Raichur, to pay for it.
The Trust approached the High Court with an appeal challenging it. The appeal filed in 2016 was disposed by the division bench of Justice Sreenivas Harish Kumar and Justice S Rachaiah recently.
This amount is now to be indemnified by the insurance company to the Trust as per the HC order.
(With inputs from PTI)<\/em><\/div><\/div>
The Trust approached the High Court with an appeal challenging it. The appeal filed in 2016 was disposed by the division bench of Justice Sreenivas Harish Kumar and Justice S Rachaiah recently.
This amount is now to be indemnified by the insurance company to the Trust as per the HC order.
(With inputs from PTI)<\/em><\/div><\/div>
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