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2015 Supreme(Ker) 1239

P.R.RAMACHANDRA MENON, K.HARILAL
Shaji – Appellant
Versus
Pradeesh – Respondent


Advocates Appeared:
For the Appellant : S. Kannan, S. Simy and K.S. Sangeetha.
For the Respondent:T. Sethumadhavan, Senior Advocate, Pushparajan Kodoth, K. Jayesh Mohankumar, Vandana Menon, P.S. Appu, R. Ajith Kumar and K.K.M. Sherif.

ORDER :

1. The law stands declared by a Full Bench of this Court, vide decision reported in National Insurance Company Ltd. vs. Jisha K.P. & Others, 2015 (1) KLT 1 that mere absence of 'badge' by driver of a transport vehicle is not sufficient to exonerate the insurer from the liability to pay compensation to the claimant and that absence of 'badge is not a fundamental breach of the statutory/policy condition to enable the insurer to have recovery from the insured, after satisfying the liability to the claimant/third party. The question remains to be considered is what is a 'badge' and is it the same as 'authorisation to drive a transport vehicle'. If it is not the same, will it not come within the purview of statutory-defence under S. 149(2) r/w. sub-sections 4 and 5 of S. 149 of the M.V. Act, enabling the insurer to have recovery from the insured for driving the transport vehicle without authorisation to drive such vehicle (based on the experience to be gathered at least for 'one year' as envisaged under S. 7(1) of the M.V. Act), which right in fact stands declared by the Apex Court as well, as per the celebrated judgment in National Insurance Company Ltd. vs. Swaran Singh, 2004 (





































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