A.M. Shaffique, J.

By reference order dated 9.11.2015, a Division Bench of this Court had doubted the judgment of a Full Bench of this Court in National Insurance Company Ltd v. Jisha K.P. & Ors. (2015 (1) KLT 1 (F.B.)) on certain points. The Full Bench while deciding the above case considered the point, whether the absence of a badge by the driver of a transport vehicle is sufficient to exonerate the Insurance Company from the liability to pay compensation to the claimant or whether an Insurance Company is entitled to recover the compensation paid by them to the claimant from the owner. It was held that the Insurance Company will have to prove that absence of a badge was a fundamental breach which has contributed to the cause of accident. While coming to such a finding it was held that when the driver was holding a valid licence to drive a light motor vehicle, merely because he did not get any endorsement in the driving licence to drive a commercial vehicle, the insurer will still be liable to pay compensation.

2. In the reference order (Shaji v. Pradeesh reported in 2016 (1) KLT 1) the Division Bench, while affirming the view, posed a question at para 17 as under :

“17. Now c