Bengaluru: A school found liable for a road accident involving its bus will have to be compensated by the insurer, the Kalaburagi Bench of the High Court has said.
traffic accident compensation tribunal, Raichur, had ordered on October 5, 2016 Dr. Narasimulu Nandini Memorial Education Trust to pay the compensation to be paid to the motorcyclist knocked down by his bus. The court accepted the insurer’s assertion that, on the day of the accident, the certificate of fitness and the license for the vehicle were not in force and that it was not required to compensate the responsibility. The court accepted the same and put the responsibility on the owner of the offending school bus.
The Trust appealed the order to the High Court, which found no merit in the insurer’s defence. The court ordered the insurer, New India Assurance Company Ltd, to pay compensation of Rs 6.2 lakh with 6% interest to the Trust. The renewal of a permit is deemed to be effective from the date of expiry, if the authority concerned tolerates the delay in the request for it and grants the request under Article 81, paragraph 3, of the motor vehicle lawjudged the court.
“Whenever the renewal of a permit is requested after its expiry, if the authority concerned receives such a request in accordance with section 81 (3) and grants the renewal tolerating the delay, it (the renewal) takes effect from the date of expiry provided for under section 81(5) of the Motor Vehicle Act”, a divisional bench headed by the judge Sreenivas Harish Kumar watched. The bench was of the opinion that a temporary permit is issued for the interregnum period, and it has nothing to do with renewal.
“Although the document indicates that the license was validated with effect from 30 March 2016, in view of section 81(5) of the Motor Vehicle Act, it must be considered that the day on which the accident took place place, the permit was in force,” the bench said.
Around 4 p.m. on September 28, 2015, Syed Wali was riding a motorcycle with another person on the passenger and collided with the school bus on Raichur-Merched Road. Wali died instantly and the passenger was injured.
Wali’s dependents have gone to court to seek compensation. In their appeal to the High Court, the school management argued that on the date of the accident, the insurance policy issued for the offending vehicle was in force.
According to them, the policy would not have been renewed if the vehicle did not have a certificate of fitness and license. The Appellant’s case was that he applied for the renewal of the certificate of fitness and remitted the required fee through the challan dated October 6, 2015 and subsequently the certificate of fitness was issued for be valid until December 18, 2016.
“Once the certificate of fitness is issued, it would revert to the expiry date. Also for permits, we paid road tax and applied for renewal. Once a permit was issued or renewed, it would be effective from the date of expiration,” the appellant argued.