KURUVILA Vs. JIJO JOSEPH

JUDGEMENT

(1.) THESE appeals, though arise from separate awards passed by the different Motor Accident Claims Tribunals, the same are being disposed of by a common judgment since common questions of fact and law are involved for a decision.

(2.) THE question for decision is whether, if the driver of the offending vehicle was not having the authorisation/badge to drive the transport/goods vehicle involved in the accident though he was having a license to drive a vehicle of the same type, the insurer is exonerated from its statutory liability to the third parties and at any rate, is entitled to recover the amount paid to the claimants from the insured? Short facts are as under:

(3.) M .A.C.A.No.1471 of 2013 This appeal is preferred by the third respondent in O.P.(M.V). No.514 of 2008 of the Motor Accident Claims Tribunal, Muvattupuzha from the award dated 9.5.2013. The Tribunal found that the driver of the offending vehicle though, had a license, did not have the badge/authorisation to drive a transport vehicle on the date of the accident. Ext.B2, driving license of the driver revealed that the authorisation to drive the transport vehicle was only with effect from 29.4.2008 while the accident occurred on 9.5.2007. Hence while holding that the insurer is liable to pay compensation to the claimant, it was allowed to recover the amount from the appellant/owner -insured. He is aggrieved to that extent.