Thomas P. Joseph, J.

1. These appeals, though arise from separate awards passed by the different Motor Accident Claims Tribunals, the same are being disposed of by a common judgment since common questions of fact and law are involved for a decision.

2. The question for decision is whether, if the driver of the offending vehicle was not having the authorisation/badge to drive the transport/goods vehicle involved in the accident though he was having a license to drive a vehicle of the same type, the insurer is exonerated from its statutory liability to the third parties and at any rate, is entitled to recover the amount paid to the claimants from the insured? Short facts are as under:

3. M.A.C.A.No.103 of 2012:

This appeal arises from the award dated 26.10.2009 in O.P(M.V). No.754 of 2008 of the Motor Accident Claims Tribunal, Pala. The vehicle involved is a TATA Ace vehicle. The second respondent, insurer of that vehicle contended that the appellant who is the registered owner cum driver of that vehicle had no badge/authorisation to drive the said vehicle. The Tribunal accepted that contention and while making the second respondent/insurer liable to pay compensation to th