judgment

S.B. Sinha, J. —

1.Leave granted.

2.Appellant National Insurance Company is before us, aggrieved by and dissatisfied with the judgment and order dated 14th July, 2003, passed by a learned Single Judge of the Karnaraka High Court in M.F.A. No. 7788/2002 dismissing the appeal preferred against an award dated 17.9.2002 passed by the Motor Accident Claims Tribunal (‘Tribunal’ for short) in M.V.C No.124/2000.

3.The fact of the matter relevant for the purpose of disposal of this appeal is as under :

The vehicle involved in the accident was a Matador Van bearing registration No. KA-23/2890. It had a Goods Carriage permit granted in terms of Form No.7 of the Motor Vehicles Act. It was insured with the appellant. The said vehicle met with an accident on 9.12.1999 causing death of one Gangawwa wife of the respondent No.1 herein. A contention was raised on behalf of the appellant that the driver of the said vehicle did not possess an effective licence to drive a transport vehicle.

4.An issue (being Issue No.3), inter alia, was framed in that behalf before the Tribunal, which reads as under:

“Whether the R-3 proves that driver of offending vehicle was not an authorised person to drive the