JUDGMENT

JUDGMENT:- Heard learned counsel for the parties.

2. Special leave granted. The appeal is taken up for final bearing with the consent of learned counsel for the parties.

3. The appellant filed a claim for compensation on account of injuries received by him in an accident which took place on 30th November, 1977. On that date, the appellant was going on his scooter which met with an accident with a motor-cycle which was being driven by respondent No. 1 and was owned by respondent No. 2. The Tribunal awarded a sum of Rs. 30,000/- as compensation to the appellant against respondents Nos. 1 and 2, namely, the driver and owner of the motor-cycle as also against the New India Assurance Company Limited respondent No. 3 with whom according to the appellant the motor-cycle stood insured at the time of the accident.

4. Aggrieved by the award of the Tribunal, the Insurance Company preferred an appeal before the High Court which was allowed and the award as against the Insurance Company has been set aside. The High Court has taken the view that it had not been established that respondent No. 1 had a driving licence at the time of the accident and consequently the Insurance Company could no