( 1 ) UNITED India insurance co. Ltd. (hereinafter referred to as 'the insurer') has come up in appeal against the judgment and award of the m. a. c. t. Ii, Mysore (for short, 'the tribunal') in m. v. c. No. 780 of 1992 dated 8. 7. 1998 with the plea that the insurer was not liable to pay the amount awarded as the driver of the offending vehicle did not have a valid licence to drive the said vehicle as on the date of the accident.

( 2 ) SHIVANNA, injured (hereinafter referred to as 'the claimant') was going on his m-50 mini motor cycle bearing registration No. Cna 231 on 15. 6. 1992 at about 6. 50 a. m. To attend to his duty at railway workshop, mysore. A lorry bearing No. Mym 6633 driven by barly prasad, respondent No. 1, came from the cross road without halting on the main road. It came from the wrong side and hit the claimant as a result of which he sustained several injuries including a head injury. He was taken to jss hospital for treatment. Thereafter, he was referred to nimhans, Bangalore. He filed the claim petition through his wife as the guardian stating therein that he had become a total mental and physical wreck. He had lost his earning capacity for future. Res