NATIONAL INSURANCE COMPANY LTD. Vs. K.P. JISHA

JUDGEMENT

(1.) These appeals have been referred to the Full Bench to examine the following question:

(2.) Before the Division Bench, learned counsel for the owner relied upon the judgment of the Apex Court in S. Iyyappan v.United India Insurance Company Ltd. & Anr,2013 3 KarLJ 306. Learned counsel also relied upon another judgment of a Division Bench of this Court M.A.C.A. No. 105/2012 holding the view that the absence of a badge is not a violation of the policy condition enabling the insurance company to recover the amount from the owner and driver. Another decision of a learned Single Judge in Kuruvila v. Jijo Joseph, 2013 4 KerLT 700 was also relied upon.

(3.) In the reference order, the Bench noted that the said Bench, in M.A.C.A. No. 1676/2010, gave right to the insurance company to recover the amount paid by it to the claimant on the ground that the absence of badge is a violation of the policy conditions. After observing that there is considerable merit in the contention of the learned counsel for the owner, in relying upon the decision of the Apex Court in S. Iyyappan s case,2013 3 KarLJ 306, the cases were referred to the Full Bench for consideration.