The 1st respondent sustained injuries in an accident involving a vehicle which had been registered with the 2nd respondent. The 1st appellant was the owner and the 2nd appellant the driver of the vehicle. The Tribunal found that the accident was due to the negligence of the 2nd appellant and the 1st respondent is entitled to compensation. The Tribunal also found that the 2nd appellant had no badge and so it allowed the 2nd respondent to recover the amount from the 1st appellant after paying the amount to the 1st respondent. The order to recover the amount from the 1st appellant is challenged. 2. Heard.
3. The only dispute is with regard to the direction issued to recover the amount from the 1st appellant on the ground that the 2nd appellant had no badge to drive the vehicle. In view of the decision in P.T.Moidu v. The Oriental Insurance Company Ltd. & Others (2009 ACJ 1104) it is only to be held that absence of badge is no ground to allow the insurer to recover the amount from the insured. So the direction issued by the Tribunal is illegal.
In the result, this appeal is allowed. The direction to recover the amount from the 1st appellant is set aside.
K.ABRAHAM MATHEW JUDGE pm
M.A.C.A.No.2274 OF 2014 2
The last sentence in the judgment dated 17.10.2014 in M.A.C.A.No.2274/2014 is modified as “the direction to recover the amount from the appellants is set aside”, as per order dated 7.11.2014 in I.A.No.3300/2014 in M.A.C.A.No.2274/2014.
Sd/- Registrar (Judicial)