ABDUL SALAM @ SALAM Vs. ARSHAD

JUDGEMENT

(1.) THE first respondent in O.P.(M.V.) No.115 of 2010 of the Motor Accidents Claims Tribunal, Tirur has come up in appeal by challenging the permission granted by the Tribunal to the second respondent insurer, to recover the liability from him, through the impugned award.

(2.) THE appellant was the registered owner -cum -driver of auto -rickshaw bearing Reg.No.KL -10 Z 1358. As the auto - rickshaw hit on a motor cycle on 19.11.2009, the rider of the motor bike sustained injuries for which compensation has been granted by the Tribunal through the impugned award. The insurer contended that the first respondent was not holding a badge at the time of accident for enabling him to drive a transport vehicle. By accepting the said contention, the Tribunal has directed the insurer to pay the amount of compensation and then to recover the liability from the first respondent. The first respondent has come up in appeal.

(3.) ACCORDING to the learned counsel for the appellant, as the vehicle was not used as a transport vehicle at the time of accident, there was no meaning in expecting a badge for the person to drive the vehicle. According to the learned counsel for the insurer, when a vehicle having a permit as a transport vehicle, for enabling a person to drive the vehicle, badge was required and therefore, absence of badge is a violation of the policy condition.