because driver who was driving a commercial vehicle was not having a badge? Learned single Judge noticed two divergent views expressed by a Division Bench ... Division Bench of this Court held that requirement of driver's badge is necessary to drive a transport vehicle and if the driver
Jisha K.P. And others ), that mere absence
of 'badge' by driver of a transport vehicle is not sufficient to
exonerate the insurer ... liability to pay compensation to
the claimant and that absence of 'badge is not a fundamental
breach of the statutory/policy condition to enable
present in the case which have always been looked upon as 'badges of fraud'. Learned counsel has referred to Twyne's case ... nine circumstances pointed out in that decision as 'badges of fraud' which has been quoted by Kerr in his book 'Fraud
owner on the ground that the driver did not have a "badge" on the date of the accident is the issue next ... strength of the driving licence, found that though there was no badge, the driver had an effective driving licence to drive a light motor vehicle
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 ... badge/authorisation to drive the said vehicle. The Tribunal
accepted that contention and while making the second
respondent/insurer liable to pay compensation
Bench to examine the
following question:
"Whether the absence of a badge by the driver of a transport
vehicle is sufficient to exonerate ... later. The insurance company contended that the first
respondent driver had no badge to drive the transport vehicle and it
amounts to violation
driver was not having a valid and effective driving licence
as also badge to drive the offending vehicle. In the light of
the said averments ... respondent who did not possess a valid driving licence and
valid badge to drive a transport vehicle, the first
respondent-owner has violated not only
under the 3rd respondent from wearing 'blue beret caps' and
badges embossed with the Ashoka Emblem or any other uniform deceptively
similar ... respondent
from wearing 'blue beret caps' and badges embossed with the Ashoka Emblem or any
other uniform deceptively similar to the uniform prescribed
JOHN MATHAI
RESPONDENTS/PETITIONERS & 1ST RESPONDENT:
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1. M. IBRAHIM, BADGE NO.75
HEAD CRAFTSMAN, MUTHIRAKKALA SHELTER, UDYOGAMANDALAM,
ELOOR ... JOHN, BADGE NO.981,
HEAD CRAFTSMAN, ELAMATHAYIL HOUSE, KUTTIKKATUKARA P.O,
UDYOGAMANDAL - 683 501.
3. P.G.GEORGE, BADGE NO.1019,
CHARGE MAN, PALLIPPADAN HOUSE
equivalent
qualification.
(ii) Must possess a current heavy duty vehicle
licence with badge. Driving Licence issued
after 16.01.1979 must have endorsement
both for Heavy Goods ... equivalent qualification and must possess a current heavy duty
vehicle licence with badge, the driving licence issued after
16.01.1979 must have endorsement both for Heavy
