National Insurance Company Ltd vs Jisha K.P
22. The decision of a learned Single Judge of Andhra Pradesh High
Court in New India Assurance Co. Ltd. v. Bhimavarapu Prathap and
others (2006 ACJ 1076) is also relied upon by the learned counsel for the
respondents. The accident occurred while the claimant was riding a bicycle.
Therein, the offending vehicle involved was a jeep and the appellant
insurance company contended before the High Court that the driver of the
jeep did not obtain badge from the Regional Transport Authority and
without the badge he cannot drive a passenger vehicle. The provision with
regard to the issuance of badge was governed by Rule 49 of Andhra
MACA Nos.1653 & 2640/2010
-31-
Pradesh Motor Vehicles Rules, 1964 which presently, is superseded by Rule
37 of Andhra Pradesh Motor Vehicles Rules, 1989. In paragraph 11 of the
judgment, Rule 49 stands extracted which we reproduce hereunder: