Motor Vehicles Act, 1988–Secs. 149 & 66–At the time of accident, vehicle was having no permit–Use of a vehicle at a public place without a permit is a fundamental statutory infraction–This situation can not be equated with absence of licence or a fake licence or a licence for different kind of vehicle or a violation of a condition of carring more numbers passengers–In such situation, the principle laid down in Swaran Singh cannot be made applicable–Further, the onus cannot be cast on the insurer and insured is required to prove that he had a permit of vehicle.
