This is an insurer’s appeal aggrieved by the judgment and award passed by the II Additional Senior Civil Judge & MACT, Kalaburagi, (hereinafter referred to as ‘the Tribunal’ for short) whereby while allowing the claim petition filed by the respondent Nos.1 to 3 (claimants hereinafter). The appellant/insurer is directed to satisfy the award.

2. The crucial question raised in this appeal is, whether the Tribunal was justified to indemnify the Insured/Appellant to satisfy the claim of the third party though there was gross violation on the part of the owner in driving the vehicle without a license to drive the said vehicle and thereby causing the accident.

3. Learned counsel for the appellant Sri S.S. Aspalli, submits that the respondents are the widow and children of deceased Iranna who died in the vehicular accident dated 23.01.2013 due to rash and negligent driving of motor cycle bearing Reg.No.KA-32-Y-1544. Jurisdictional police registered a case against the owner / respondent No.4 and after enquiry charge sheet is submitted against him and the said fact is brought on record before the Tribunal by the claimants itself. The owner of the vehicle though appeared before the Co