IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 MACA.No. 2819 of 2009() ----------------------- OPMV.147/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VATAKARA .................... APPELLANT(S): 3RD RESPONDENT: ------------------------------------------------------- THE ORIENTAL INSURANCE CO.LTD., CALICUT, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI - 18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): RESPONDENTS 1 & 2: -------------------------------------------------------------- 1. K.RAGHAVAN, S/O.KUNHIRAMAN, THACHOLI THAZHE KUNIYIL HOUSE, P.O.EDAKKULAM, QUILANDY TALUK, KOZHIKODE DISTRICT. 2. T.K.RAVEENDRAN, S/O.KUNHIRAMAN, THACHOLI THAZHE KUNIYIL HOUSE, P.O.EDAKKULAM, QUILANDY TALUK. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. -------------------------------------------------------- M.A.C.A.No.2819 OF 2009 --------------------------------------------------------- Dated this the 12th day of August, 2010. JUDGMENT This is an appeal preferred against award of the Motor Accidents Claims Tribunal, Vatakara in O.P (MV) No.147 of 2007. The claimant, who sustained injuries in a road accident, has been awarded a compensation of Rs.30,800/- with 7.5% interest and Insurance Company has been directed to pay the amount. The Insurance Company has come up in appeal challenging the award of the Claims Tribunal in not even granting a right to recover for in the absence of valid licence. The award of the learned Tribunal makes it very clear that the driver of the lorry did not have badge or rather did have an authorisation to drive a transport vehicle. The Hon'ble Supreme Court has considered this question and also by virtue of the amendment to Section 10 of the Motor Vehicles Act, the word 'transport vehicle' has been incorporated and under Section 3, it is mandatory that the person should have the driving licence to drive the vehicle which he is driving. Or, in other words, in order to drive a transport vehicle, there must be a licence with badge. It is this badge which authorise the driver to drive the transport vehicle. M.A.C.A.No.2819 OF 2009 2 So, admittedly , when it is a lorry and it is found that the driver has no badge which is authorising to drive the transport vehicle, it has to be held that there was no valid driving licence, which amounts to breach of policy conditions. Therefore, Tribunal should have at least granted an order of recovery. Therefore, the award of the Tribunal is modified and it is made clear that on satisfaction of the award to the claimant, the Insurance Company is entitled to proceed against the owner for the realisation of the amount paid by it in satisfaction of the award by executing a very same award. To this extent, this appeal is allowed and disposed of accordingly. M.N.KRISHNAN, JUDGE. mns