IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 MACA.No. 2188 of 2009() ------------------------------------ OPMV.424/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/3RD RESPONDENT ------------------------------------------------ THE ORIENTAL INSURANCE CO.LTD., THRISSUR, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS/RESPONDENTS 1 & 2 ------------------------------------------------------- 1. ASHARAFF, S/O.ALI, AMBALATHVEETTIL (H), CHERPU, THRISSUR DT. 2. BABU ALIAS AYYAPPAKUTTY, S/O.KUTHIRI, KUNNATHULLY (H), URAKAM DESOM & VILLAGE. R2 BY ADV. SRI.C.A.CHACKO. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.2188 OF 2009 ............................................. Dated this the 22nd day of December, 2010. J U D G M E N T This is an appeal preferred by the insurance company against the award passed by the Claims Tribunal, Irinjalakuda in OP(MV)No.424/2004. The claimant, a minor girl, sustained injuries in a road accident and the Tribunal has awarded her compensation of ` 34,000/= and directed the insurance company to pay the amount. It is against the dis allowance of even a reimbursement, the appeal is preferred by the insurance company. 2. The vehicle involved in the accident was an auto rickshaw which was a public vehicle which comes under the definition of transport vehicle. Provisions of the Motor Vehicles Act namely Section 3 mandates that the person should have a licence to drive the vehicle which he is driving. When it is a public vehicle, it is necessary to have a badge to drive the vehicle. It is the badge that authorises the person to drive a transport vehicle. Therefore when a transport vehicle is driven without a badge, it amounts to an invalid driving licence which amounts to breach of the policy : 2 : M.A.C.A.NO.2188 OF 2009 conditions. When there is breach of the policy conditions, the insurance company is at least entitled to get reimbursement of the amount. It has been held in the decision reported in Ashraf v. Fathima (2004 (2) KLT 598) that since the contract of insurance is between the insurer and the insured, the recovery right can be had only from the insured. Therefore the owner of the vehicle is liable to pay the amount to the insurance company as reimbursement. 3. Therefore, the appeal is allowed and liability of the insurance company is modified whereby it is directed to pay compensation to the claimant and on satisfaction of the award, is entitled to get it reimbursed from the owner of the vehicle. Disposed of accordingly M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.2188 OF 2009 M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001 ............................................. 11th day of November, 2010. J U D G M E N T