Ramachandran Nair, J.

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

“Whether the absence of a badge by the driver of a transport vehicle is sufficient to exonerate the insurance company from liability to pay compensation to the claimant or at least whether the insurance company is entitled to the right to recover the compensation paid by them to the claimant from the owner?

M.A.C.A. No.1653/2010 is filed by the insurance company and M.A.C.A. No.2640/2010 is filed by the claimant.

2. The accident in this case occurred on 3.12.2005 at about 2.15 p.m. and it involves two vehicles. The deceased was travelling in a lorry bearing registration No.KL 01X 9354 from Town AR Camp to Malappuram SP Camp for bringing barricades. At a place called Siyamkandam, Pulikkal the vehicle stopped for bringing water and the deceased got down from the lorry. Then the offending vehicle, viz. ambassador car bearing Reg. No.KL 13/J 1950 came recklessly from Malappuram side and hit against the deceased, thus causing grievous injuries to him. He succumbed to the injuries later. The insurance company contended that the first respondent driver had no badge to dr