requiring driver of the vehicle to be specifically authorised by way of badge as required by rules and regulations. Further contention was that since ... Respondent was not holding a badge, the terms and conditions of the policy and the corresponding stipulations of the Motor Vehicles Act have been violated
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
bearing number 803/88-89, he did not have P.S. V. Badge and as such was not authorised to drive any public service vehicle ... endorsement that he was authorised to drive transport vehicle, nor any PSV Badge number had been issued. Opposite parties I to 8 have filed
Office that the driver of the jeep did not obtain badge from RTA and without the badge, he cannot drive the passenger vehicle ... Rules, 1964, he must wear a Driver's Badge to drive a public vehicle, issued from a Competent Authority. Since the controversy revolves round
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
Vehicle' for the period from 26.04.1994
to 27.05.2012 and a 'badge' from 31.11.1995 to 12.11.1998 to drive a
'Transport Vehicle ... also observed that the 'badge' was renewed only
thereafter, from 04.09.2000 to 03.09.2003, whereas the accident occurred
MACANO.2181/2007
valid
driving licence at the time of accident. Even an
endorsement badge is required for the purpose of
running auto rickshaw as per Rule ... contending
that, merely the driver of the vehicle is not holding the
badge for an auto rickshaw, it cannot be said there is
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violation
