A N BALAKRISHNAN Vs. INDULEKHA

JUDGEMENT

(1.) This appeal is filed by the 1st respondent-owner in O.P(MV) No. 1973/2009 before the Motor Accidents Claims Tribunal, Kollam, challenging that part of the award, whereby the Insurance Company has been absolved from liability on the ground that the driver did not possess a badge on the date of the accident. The contention is that in view of the decisions of this Court in P.T. Moidu v. Oriental Insurance Co. Ltd., and others,2007 4 KHC 385and New India Assurance Co. Ltd., v. Balakrishnan and others,2011 4 KHC 203, the absence of a badge for the driver is not a violation of the conditions of the policy and therefore the Insurance Company cannot be absolved from liability on that ground.

(2.) We have heard the learned counsel for the Insurance Company also.

(3.) As per the decisions referred to above, it is settled law that absence of a badge for the driver is not a ground for absolving the Insurance Company from liability. Accordingly, the appeal is allowed and the award to the extent it holds that the Insurance Company is not liable to indemnify the appellant and the Insurance Company has been given right to recover the amount paid by the Insurance Company, is set aside and it is declared that the Insurance Company is not entitled to recover the amount paid by them as per the award from the appellant.