This appeal is by the insurer, questioning the liability as ordered in M.V.C.No.3628/2007 dated 3.4.2008 on the file of M.A.C.T., Bangalore.

2. Respondent No.2 herein had filed claim petition seeking compensation for the injury suffered in the road accident that occurred on 3.5.2007 alleging that the motor cycle bearing No.KA-04/EQ-7279 ridden by rider came in a rash and negligent manner and dashed against him.

3. The said claim petition was contested by the insurer interalia denying its liability on the ground that the rider of the motor cycle was none other than the son of insured (owner) and further he did not possess the driving licence to ride the motor cycle, as such, the insurer is not liable to indemnify the liability of the owner, as it is violative of the terms and conditions of the policy.

4. The Tribunal though found that the rider of the motor cycle was not having licence to ride the motor cycle, but held that, the rider was having a licence to drive light motor vehicle. As such, the insurer is liable to indemnify the liability of the owner. It is against this finding, the insurer is before this Court.

5. Sri. A.K. Bhat, learned Counsel for the appellant – i