BRANCH MANAGER, NEW INDIA ASSURANCE COMPANY Vs. MATHEW

JUDGEMENT

(1.) The 3rd respondent in O.P(MV) No.774 of 2011 on the file of the Motor Accidents Claims Tribunal, Mavelikkara is the appellant herein. Other respondents and the petitioners are the respondents in this appeal. The challenge in this appeal is refusal of pay and recovery right claimed by the insurer from the insured on the ground that the driver of the offending vehicle does not have badge at the time of the accident.

(2.) Brief facts of the case :

(3.) As against the claim of Rs.14,89,000/-, the Tribunal granted a total compensation of Rs.4,72,500/-. It is submitted by the learned counsel for the insurance company that the driver of the vehicle, who is the 1st respondent, did not possess authorisation (badge) at the time of the accident and therefore there is violation in policy conditions. Therefore, the company is entitled to get recovery of the amount from the insured.