ORIENTAL INSURANCE COMPANY LIMITED Vs. POULOSE

JUDGEMENT

(1.) "Whether a driving licence which stood expired on the date of the road traffic accident and was not renewed within the statutory period would fulfill the requirement of 'duly licenced' under Section 149(2)(a)(ii) of the Motor Vehicles Act, 1988 (for short, the Act)" This is the primary question we are called up on to answer in this reference made by the Full Bench. Incidentally, we have to consider whether, the insurer could be exonerated from the liability of compensating the claimant or whether the insurer be directed to satisfy the award and to recover the award amount so paid, from the insured.

(2.) When this appeal, filed by the insurer who was directed by the claims Tribunal to satisfy the award, came up for consideration of the Division Bench, the Division Bench noticed an apparent conflict between the decision of the Full Bench of this Court in Oriental Insurance Company v. Paulose, 2004 1 KerLT 8 (F.B)] and the decisions of the Apex Court in Malla Prakasarao v. Malla Janaki and others, 2004 3 SCC 343 as well as National Insurance Co. Ltd. v. Kusum Rai, 2006 ACJ 1336 . Therefore, the Division Bench referred the matter to a Full Bench. The Full Bench, however, was of the opinion that the matter requires reconsideration by a Larger Bench in view of the decision of the Apex Court in Ram Babu Tiwari v. United India Insurance Co. Ltd. and others, 2008 ACJ 2654 and other cases. Thus, the matter has come up before us.

(3.) The relevant facts of the case may be briefly stated: