IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 MACA.No. 196 of 2008(D) -------------------------------- OPMV.722/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT/PETITIONER : ------------------------------- BIJUKUMAR, POTTAVILAVEEDU, POOZHIKUNNU JUNCTION, ESTATE P.O., PAPPANAMCODE, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENTS/RESPONDENTS : --------------------------------------- 1. SUBRAMONIAN CHETTIYAR, S/O.KRISHNAN CHETTIYAR, SUDHA BHAVAN, NEAR THIRUVATHIRA OIL MILL, CHOOZHATTUKOTTA, VILAVOORKAL, NEYYATTINKARA. 2. PRASANNAKUMAR, REMYA BHAVAN, KOLIYAKODE, MANUKULADICHAMANGALAM, NEMOM P.O., THIRUVANANTHAPURAM. 3. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE-II, K.M.MATHEW BUILDING, GANDHARI AMMAN COIL ROAD, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 196 of 2008(D) ORDER ON I.A.NO.265 OF 2008 IN M.A.C.A.NO.196 OF 2008 DISMISSED 24.10.2008 SD/- M.N.KRISHNAN, JUDGE -TRUE COPY- P.A. TO JUDGE pac M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 196 OF 2008 --------------------- Dated this the 24th day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Neyyattinkara, in OP(MV) 722/01. The claimant, a rider of the scooter, sustained injuries when an autorickshaw collided with the scooter. The Tribunal found that the accident took place on account of the negligence of the auto driver. Tribunal also found that the driver did not have a valid driving licence and therefore there is a breach of policy conditions and directed the owner to reimburse the amount to the Insurance Company on the payment made by the Insurance Company. It is against that decision, the owner has come up in appeal. 2. Learned counsel for the appellant would strongly contend before me that there was licence for the auto driver but he was not having the badge. Therefore, the Tribunal was not right in holding that there is breach of policy conditions. Admittedly the autorickshaw is a passenger carrying vehicle. It comes within the definition of a transport vehicle defined under section 2(47) of the Motor Vehicles MACA No. 196/08 2 Act. When it is so, whether the badge is necessary is the question to be considered. In order to drive a transport vehicle, there must be a badge. In other words, the licence to drive the vehicle is complete only on receiving the badge from the authority. This question came up for consideration before the Apex court in the decision reported in New India Assurance Co.Ltd. v. Roshanben Rahemanshal Fakir [2008 (3) T.A.C. 20 (SC)]. It was a case where an autorickshaw totally confined for transporting goods was involved. The driver was having a licence for driving light motor vehicle. It was contended that since the laden weight of the auto was less than 7500 kgms it comes within the ambit of a light motor vehicle and therefore the licence for driving light motor vehicle is sufficient to hold that there is a valid driving licence. The Apex court considered various amendments and introduction of forms which also did show that the word transport vehicle was introduced in the licence form. Therefore, under the provisions of Sections 3 and 10 of the Motor Vehicles Act of 1989, it was found that a licence to drive a transport vehicle is necessary. Therefore in the absence of the same, it has to be held that there is a breach of policy conditions. So when there is a breach of policy MACA No. 196/08 3 conditions, the Insurance Company has to pay and recover the amount. That is what the Tribunal has precisely ordered in this case. I do not find any merit in the appeal. Therefore it is dismissed. But I give three months time for the appellant herein to pay the amount. Till that time, coercive proceedings need not be initiated against the appellant for recovery. M.N.KRISHNAN, JUDGE vps MACA No. 196/08 4