Both these appeals have arisen out of a common judgment and award dated 04.12.2008 passed by the Additional Motor Accidents Claims Tribunal, Honnavar (henceforth referred to as ‘The Tribunal’, for brevity) in MVC No.238/2003.

2. The appellant in MFA No.20481/2009, who was respondent No.1 in the Tribunal, was the owner of the alleged offending vehicle bearing registration No.KA-20/550. The appellant in the MFA No.21233/2009, who was the 2nd respondent in the Tribunal, was the insurer of the said vehicle bearing registration No.KA-20/550.

3. The appellant/owner in MFA No.20481/2009 in his memorandum of appeal has taken a contention that the Tribunal has lost sight of the material fact on record that the appellant has been holding a valid driving licence since the year 1984, however, it expired on 12.02.2001, which was got renewed on 25.02.2001. It was only in the interregnum period of one year 13 days, during which period the driving licence was not got renewed, the alleged incident has occurred on 20.09.2001. Since the same being an act of non-renewal of driving licence, it cannot be considered as a disqualification of the driver from holding or obtaining driving licence. Th