IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 MACA.No. 363 of 2009() ---------------------------------- OPMV.1231/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/3RD RESPONDENT ----------------------------------------------- NATIONAL INSURANCE COMPANY LTD., EAST FORT COMPLEX, PALAKKAD. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENTS/CLAIMANT AND R1 & R2 ------------------------------------------------------------ 1. RAJENDRAN, S/O. CHARLES, MUTTATHIL HOUSE, VALIAPARAMBU, THEKKE VAVANNUR POST, MEZHATHOOR. 2. P. KAMARUHEEN, S/O. C. MOIDEENKUTTY, PONNATHAZATH HOUSE, POST THIRUMITTAKODE VIA, KOOTANAD, PATTAMBI, PALAKKAD DISTRICT. 3. HARIDAS.P.I, S/O. ACHUTHAN NAIR, PULIYATHKALAVARA HOUSE, THIRUMITTACODE, PALAKKAD DISTRICT. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 363 of 2009 ORDER ON I.A. NO.428/2009 IN MACA NO.363/2009 DISMISSED 19/05/2010. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 363 OF 2009 = = = = = = = = = = = = = = = Dated this the 19th day of May, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ottapalam in O.P.(MV)1231/05. The claimant sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.47,950/- with 8% interest. It is against that decision the insurance company has come up in appeal. 2. Admittedly the vehicle involved in the accident is a taxi jeep. The Tribunal has very clearly stated that the driver did not have a badge at the time of the accident. But relying upon an earlier decision of the Court it did not exonerate the insurance company from the liability. Now the question is fairly well settled by the decisions of the Hon'ble Supreme Court. After the amendment of the M.V.Act u/s 10 the word used is transport vehicle. A transport vehicle means a vehicle used for carrying public. U/s 3 of the M.V.Act a person who is driving a vehicle should be authorized to drive M.A.C.A. 363 OF 2009 -:2:- the said type of vehicle and then only one can hold that he is having a valid driving licence. There was a situation where it was contended that if the laden weight of a vehicle is below 7,500/- kgm. it will be only a light motor vehicle and therefore a licence to drive a light motor vehicle will be sufficient for the driver. But in New India Assurance Co. Ltd. v. Roshanben Rahemansha Fakir (2008 (3) TAC 20 (SC) it has been held in that case that the person who drives the vehicle should have the authority to drive the vehicle and in the absence of the same one has to hold that there was no valid driving licence. Here when a person drives a transport vehicle without a badge it amounts to driving the vehicle without a proper licence which as per the terms and conditions of the policy amounts to breach of policy conditions and therefore the insurance company is entitled to recover the amount from the owner. 3. In the result the MACA is partly allowed and the award passed by the Tribunal is modified by incorporating a clause that on deposit of the amount by the insurance M.A.C.A. 363 OF 2009 -:3:- company in favour of the claimant it shall be at liberty to realise the amount so deposited from the owner of the vehicle by execution of the same award. MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-