B. Manohar, J.

Appellants being the claimants have filed this appeal challenging the judgment and award dated 04-01-2011 made in MVC No. 7615/09 passed by the Motor Accident Claims Tribunal, Bengaluru, (hereinafter referred to as "the Tribunal" for short) fastening liability on the owner of the vehicle to compensate the claimants and exonerating the insurance company from their liability to compensate the claimants.

2. The appellants are the father and mother of deceased Master Muniraja, they filed the claim petition contending that, on 11-12-2008, deceased Master B Muniraja along with his mother was proceeding towards Gobbilla Kotur village on the left side of the road, at that time, a Tipper Lorry bearing Registration No. AP-26/U-6421 driven by its driver in a rash and negligent manner, lost control over the vehicle and dashed against the minor child. Due to that, the minor child sustained grievous injuries and died on the spot. At the time of death, deceased was aged about 5 years. The parents of the deceased filed the claim petition contending that they lost the love and affection of the deceased. Due to rash and negligent driving of the Tipper Lorry accident occurred and sought for compensation of Rs. 4,00,000/-.

3. In response to the notice issued by the Tribunal, though the owner of the Tipper Lorry was served with notice, he remained unrepresented. The second respondent entered appearance and filed written statement admitting that as on the date of accident, the insurance policy covers the risk of the tipper lorry. However, the liability, if any, is subject to fulfilment of the terms and conditions of the policy and also limitation of the policy. The accident occurred due to the negligence on the part of the deceased Further, the driver of the offending lorry was not having valid and effective driving license as on the date of the accident. Hence, Insurance Company is not liable to compensate the claimants and sought for dismissal of the appeal.

4. On the basis of pleadings of the parties, the Tribunal framed necessary issues.

5. In order to prove their case, the 2nd claimant got examined herself as PW-1 and got marked the documents as Exs.P-1 to P-6. On behalf of the respondent-Insurance Company, the Senior Legal Executive was examined as RW-1 and got marked 3 documents as Exs.R-1 to R-3.

6. The Tribunal, after appreciating the oral and documentary evidence let in by the parties and taking into consideration the IMV report, copy of the complaint and charge sheet held that due to the rash and negligent driving of the tipper lorry, the accident occurred and the claimants are entitled for compensation. With regard to quantum of compensation is concerned, the deceased was aged about 5 years as on the date of accident and was a non-earning member. Hence, the Tribunal awarded global compensation of Rs. 1,80,000/- with interest at the rate of 6% p.a. With regard to the liability is concerned, the Insurance Company examined one of the Senior Legal Officer as RW-1 and produced the DL extract. The records produced by the insurance company clearly disclose that the driving license issued by the competent authority has been expired on 21-10-2008. The accident occurred on 11-12-2008. As on the date of accident, the driver of the tipper lorry was not having driving license to drive the vehicle. The Tribunal relying upon the judgment of the Hon’ble Supreme Court reported in 2008 AIR SCW 6512 in the case of Rambabu Tiwari v. United India Insurance Company Limited And Others held that as on the date of the accident, the driver of the tipper lorry was not having driving license and hence, the Insurance Company is not liable to compensate the claimants and fastened the liability on the 1st respondent i.e., the owner of the vehicle to compensate the claimants. Being aggrieved by the judgment and award passed by the Tribunal, fastening liability to compensate the claimants on the 1st respondent-owner of the vehicle, the claimants have