IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1321 of 2009()
1. P.A.SUDHAKARAN, PUTHENPARAMBU,
... Petitioner
Vs
1. ABDULKHADAR, S/O.HAMEED,
... Respondent
2. HARIKUMAR, S/O.GURUVALSALAM,
3. THE BRANCH MANAGER,
For Petitioner :SRI.GOKUL DAS V.V.H.
For Respondent :SRI.P.K.MANOJKUMAR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :24/03/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A.No.1321OF 2009
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W.P.(C).NO.16735 OF 2009
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Dated this the 24th day of March, 2010.
J U D G M E N T
The appeal is preferred against the award of the
Claims Tribunal, Alappuzha in OP(MV)No.2016/1999 and the
writ petition is filed against the award of the very same
tribunal in O.P(MV)No.2033/1999. The appellant before the
court is the owner. The owner has come up in appeal as well
as in the writ jurisdiction contending that the tribunal
erred in granting the right to recovery to the insurance
company. According to him, the driver did have a licence
but did not have a badge and therefore, it cannot be
considered as a breach of the policy condition. The matter
has come up for consideration before the Supreme Court
as well as this Court in so many cases. After the amendment
to Section 10 of the M.V.Act, the word used in Section 10 is
transport vehicle. Admittedly the vehicle involved in the
accident comes within the definition of transport vehicle. In
order to drive a transport vehicle, it is imperative to have
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a badge. Section 3 of the M.V. Act makes it crystal clear
that no person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him
authorising him to drive the vehicle; and no person shall so
drive a transport vehicle unless his driving licence
specifically entitles him so to do. So without a badge, one
cannot drive a transport vehicle. When such transport
vehicle is driven without a badge, it amounts to breach of
the policy condition. The owner should have been more
careful and should have ascertained from the driver
regarding correctness of the licence.
2. Therefore I find that the tribunal was perfectly
justified in holding that the driver did not have effective
valid driving licence which amounts to breach of the policy
condition which in turn permits the insurance company to
get reimbursement from the owner.
There is no merit in the appeal as well as in the writ
petition. They are dismissed.
M.N. KRISHNAN, JUDGE
cl
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