G.Thara vs Syamala.S on 9 January, 2009
The Counsel also pointed out the decision of the Hon'ble High Court in Thara Vs Syamala 2009(2)KLT 707 wherein the vehicle involved in the accident did not have a valid fitness certificate or permit at the time of accident. Section 149(2)(a)(i)(c) of the Act provided that the Insurer can escape from liability if the vehicle at the time of accident was used for a purpose not allowed by the permit where the vehicle is a transport vehicle. The permit and fitness certificate had expired prior to the date of accident. Hence it will entitle the insurer to dishonor liability under the policy.