J U D G M E N T

This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thalassery in O.P.(MV)1503/99. The claimant sustained injuries in a road accident and he has been awarded a total compensation of Rs.33,600/- with 9% interest. The insurance company was directed to pay the amount and it is against that decision the insurance company has come up in appeal.

2. The question that arises for determination in the appeal is whether a person who drives an auto rickshaw without a badge is said to be a person holding a proper licence to drive the vehicle. It is the contention of the insurance company that a driver of an auto rickshaw requires the licence to drive an auto rickshaw and then only it could be classified as one who drives the vehicle under a due licence. A perusal of paragraph 9 of the award would reveal that the driver in this case was having a licence to drive a light motor vehicle and also to drive transport vehicle of HGV and HPV. The question whether a licence to drive LMV is sufficient came up for consideration before the Apex Court in the decision reported in New India Assurance Co. Ltd. v. Roshanben Rahemansha Fakir (2008 (3) TAC 20(SC). It w