Aggrieved by the Award dated 17.08.2010 in M.V.O.P.No.290 of 2009 passed by the Chairman, M.A.C.T-cum-Principal District Judge, Srikakulam (for short the Tribunal), the owner preferred the instant MACMA.

2. a) On factual side, on 08.03.2009 at about 8.30 PM when the deceased Uppada Appayya and another by name Polumata Durgayya were returning to their house after purchasing some items, a car bearing No.AP 31 X 5622 being driven by its driver in a rash and negligent manner and at high speed dashed against them. In the resultant accident, the deceased succumbed to injuries. It is averred that car driver was at fault. On these pleas, the claimant who is the younger sister of deceased, filed M.V.O.P.No.290 of 2009 under Section 166 of M.V.Act against respondents 1 and 2, who are the owner and insurer of the crime car and claimed Rs.1,50,000/- as compensation.

b) Respondent No.1/owner opposed the claim and contended that driver of the car was having valid driving licence at the time of accident and policy was in force and hence he was not liable to pay the compensation to the petitioner.

c) R2/Insurance Company filed counter contending that driver of the crime vehicle was not ha