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Fitness certificate for insurance claim
A fitness certificate is an official document certifying that the holder’s vehicle is fit for being driven in public places & is also required to be eligible for compensation against the own damage or third party insurance claim.
As per the Motor Vehicles Act, a vehicle must have a fitness certificate issued by the manufacturer, and also, another fitness certificate issued by the state RTO authorities after the inspection of its condition, its pollution certificate, tax, insurance, and other such details. A certificate of fitness issued under this Act shall, while it remains effective, be valid throughout India
Under the Act, the registration of vehicle is treated as valid only if it has valid certificate of fitness from the manufacturer and the inspecting authority. Granting new registration certificates without proper fitness certificates and merely on the basis of the manufacturers’ certificates is not correct.
In case of Private vehicles like cars, there is no requirement of periodic renewal of the fitness certificate & fitness is valid through out the life span of the vehicle i.e for15 years. There is provision for re-registering the vehicle after 15 years & only then a fresh fitness certificate is required for the purpose. A vehicle is not considered validly registered if it don’t posses the certificate of fitness.
However in case of the transport vehicle like trucks, buses, taxis fitness certificate is issued to the new vehicle for only two year. And there after you have to apply for renewal of the same. Previously, the renewal was carried out for one year & owner was required to renew the same every year but now the rules have been amended & renewal is valid for two years for the transport vehicles which are up to 8 year old & for one year in respect of the vehicles which are older than 8 years. A specified fee is charged for renewal of the fitness certificate.
Sec-56 of the motor vehicle act
THE MV act 1988
All Transport Vehicles shall carry valid certificate to ply on road. The owner shall apply for issue of fitness certificate in form KMV 20 along with prescribed fee, Registration Certificate, Insurance Certificate, Tax Card, Pollution Under Control Certificate, Permit and Produce the vehicle for Inspection in a good condition. Motor Vehicle Inspector will inspect the vehicle particularly on following aspects:
But whether the vehicle is ever tested on above parameters in actual practice. This is said, every state having lakhs of registered vehicle & few motor vehicle inspectors deployed for the purpose of inspection, the testing is neither done nor it practically can be done.
Rather renewing of fitness is merely a formality & fee collection mode for the govt. Moreover some transporter say they have to pay bribes to get the fitness certificate of vehicle. So in addition to revenue generation it has become a source of bribery also.
Vehicle fitness Impact on insurance claim: Now coming to the point that what is the impact of validity of the certificate of fitness of the vehicle over the insurance claim.
As in light of the facts as explained above, the affected claimants keep raising questions emphasizing that fitness certificate is just a kind of formality & in case of accident claim, if this is ascertained that accident has not occurred due to non-fitness of the vehicle, the insurance claim should be paid. For example if another vehicle coming behind Or from Right or left strike with insured vehicle or accident occur without any mechanical breakdown of insured vehicle, where does the fitness of the insured vehicle come into play.
But as per the motor vehicle act every vehicle is required to have valid fitness certificate to move on the roads. Plying of vehicle by insured without valid fitness certificate amount to violation of policy terms & conditions. insurance policy cover has to follow the provisions motor vehicle act of India & insurer has to follow the law of the land hence the claim is not payable & is rejected.
Various consumer forums & courts keep giving conflicting decisions from time to time which further adds to the prevailing confusion. So In absence of the valid certificate of fitness, some insurers outrightly reject the claim but few of them keep in view the above discussed facts, consider the claim favorably & pay on non-standard basis i.e. by reducing some % out of the total claim amount.
2. As the insurance contract mandates to follow the provisions of the Indian Motor vehicle act.
3.So in absence of fitness certificate, the insurer can rightly reject the vehicle insurance claim
Fitness certificate court judgement
So, is the pollution certificate for a new car and a vehicle fitness certificate the same thing? Read on to get an answer to this question and all about this certificate. You will also learn the exact procedure to apply for a vehicle fitness certificate onlineby reading this post.
FC or Fitness Certificateis a mandatory document required to be possessed by vehicle owners to certify that the vehicle they own is fit to run on the roads. Every new vehicle that is bought comes with a fitness certificate and it is valid only for a few years and after that, it needs to be renewed by adhering to the rules set by the Motor Vehicles Act.
A vehicle fitness certificate is important because it ensures that a vehicle is fit to run on Indian roads and has got a thorough inspection by the experts. You can save yourself from paying the non-compliance penalties by obtaining a vehicle fitness certificate. Besides, an FC is useful to prevent the use of old vehicles that emit harmful gases into the environment.
The digital setup makes it easy to get a Parivahan Fitness Certificate Downloadby following these steps:
Step 1: Visit the official portal of Parivahan.
Step 2: Select “Vehicle-Related Service” from the “Online Services” section
Step 3: Choose the right state of residence from the drop-down menu
Step 4: Enter the vehicle registration number when redirected to the new page, and then click the “Proceed” button
Step 5: Choose “Apply for Fitness Certificate” and go through the instructions and then acknowledge them and “Proceed”
Step 6: Feed in the vehicle chassis number along with the registered mobile number and then click on “Generate OTP”
Step 7: Get the vehicle details by entering the OTP and verify the same. Enter your vehicle insurance details and then select the “Payment” button
Step 8: Pay the fees applied for the vehicle fitness certificate digitally
Step 9: You can then download the fitness certificate online from the generated application number
Step 10: Go for the vehicle inspection by visiting the RTO along with other relevant documents and get the fitness certificate
There are different types of vehicles and different validity and renewal conditions for them in India:
Follow these steps for fitness certificate renewal in India:
Step 1: Get the Fitness Certificate renewal forms from the RTO or download them from the official Parivahan portal and fill it
Step 2: Submit the duly-filled application form and other required documents at the RTO
Step 3: Pay the FC renewal fee applicable in cash and get the acknowledgment receipt
Step 4: Visit the RTO on the scheduled date of inspection and get your vehicle inspected
There is a different cost for issuing a vehicle fitness certificate for different types of vehicles and the cost may vary for different state RTOs:
Car vehicle fitnessis equally important as your own fitness. Driving a vehicle, be it a car, motorbike, or truck in India without a valid Fitness Certificate is a punishable offense. So, ensure getting it and renew it once it expires to drive your vehicle freely without getting fined. The fine for driving a vehicle without an FC or an expired FC can be up to Rs. 5000 for first-time defaulters and may go up to Rs. 10,000 for repeated offenses.