BHASKAR BHATTACHARYA, J. :- This appeal under Section 173 of the Motor Vehicles Act is at the instance of the Insurance Company and is directed against an award dated 20th October, 2001 passed by the Additional District Judge, Eleventh Court, Alipore and the Motor Accident Claims Tribunal, District 24-Parganas (South), in M.A.C. Case No. 24 of 2000 thereby disposing of an application under Section 166 of the Act by directing the Insurance Company to pay Rs. 5,49,316/- as compensation for the death of the husband of the applicant No. 1.

2. Being dissatisfied, the Insurance Company has come up with the present appeal.

3. The learned advocate appearing on behalf of the appellant has drawn our attention to the evidence given by the widow of the victim as P.W. 1 wherein in cross-examination, she admitted that at the time of accident, the vehicle was being driven by her husband himself. She has further stated that her husband had a driving licence.

4. By referring to the aforesaid statement made by the P.W. 1, the learned advocate appearing for the appellant submits that the heirs of the driver of the vehicle cannot take advantage on the fault of the driver himself. According to hi