1. Respondent No.3-New India Assurance Company Limited in M.A.T.O.P. No.496 of 2002 on the file of the learned Chairman, Motor Vehicles Accidents Claims Tribunal-cum-IV Additional District Judge (Fast Track Court-III), Khammam (for short ‘the Tribunal’), preferred the instant appeal, aggrieved by the order dated 10.11.2005 in the said O.P. granting a sum of Rs.53,000/- as compensation with interest at 7.5% per annum, on the ground that the driver of the offending vehicle did not possess valid and effective driving license to drive the said vehicle, but, still, the Tribunal has mulcted liability to pay compensation.

2. The appellant herein is respondent No.3, while the respondent Nos.1 to 3 herein, who are the claimant, driver and owner of the van bearing registration No.AP 23 T 71 respectively, were the petitioner and respondents 1 and 2 respectively, in the original petition before the Tribunal.

3. For the sake of convenience, parties are hereinafter referred to as they were arrayed in the O.P before the Tribunal.

4. The facts, in brief, are that on 08.10.2000 at about 10.00 hours one Jamalamma, having attended prayer at B.C. Colony at the house of one Narayanamma, while