- 1 - NC: 2025:KHC-D:3046 MFA No. 102963 of 2014 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.102963 OF 2014 (MV-I) BETWEEN: THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD., 1ST FLOOR, MADALAGERI COMPLEX, KALADDI ROAD, BAGALKOT, NOW REPRESENTED BY ITS DEPUTY MANAGER, NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, II FLOOR, ARIHANT PLAZA, KESHWAPUR, HUBLI. …APPELLANT (BY SRI RAJESH B. RAJANAL, ADVOCATE.) AND: 1. SHRI VIJAYKUMAR S/O. ISHWARAPPA NALATWAD, AGE: 26 YEARS, OCC: GOVT., EMPLOYEE AND AGRICULTURE, SUPERVISOR OF THE FAMILY, R/O: NAVANAGAR, GAJENDRAGAD, TQ: RON, DIST: GADAG. 2. SHRI JAYADEV S/O. SIDRAMAPPA MAMADAPUR, AGE: 64 YEARS, OCC: CONTRACTOR, R/O: COLLEGE ROAD, BADAMI, DIST: BAGALKOT. (OWNER OF THE VEHICLE KA-29/A-654) …RESPONDENTS (BY SRI PRAKASH N. HOSAMANI, ADVOCATE FOR R2; R1 – NOTICE SERVED.) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3046 MFA No. 102963 of 2014 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE JUDGMENT AND AWARD DATED 19.07.2014, PASSED IN MVC NO.08/2013, ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL. MACT, RON, WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Heard the learned counsels appearing for both the parties and perused the material placed before the Court. 2. This appeal is filed by the insurance company on the ground that as on the date of accident on 15.06.2012, the offending vehicle Tipper did not have fitness certificate. Though RW.3 being Motor Vehicle Inspector has deposed that as on the date of accident there was no fitness certificate, but Tipper lorry was having permit to ply on the road which was in force from 07.08.2009 to 06.08.2014. But, however, non holding of fitness certificate is not a fundamental breach so as to avoid liability of the insurance company. - 3 - NC: 2025:KHC-D:3046 MFA No. 102963 of 2014 3. Therefore, there is no ground made out to cause interference with the judgment and award passed by the tribunal. Hence the appeal is liable to be dismissed. Accordingly the appeal is dismissed. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: UMD. List No.: 1 Sl No.: 48