Manindra Mohan Shrivastava, J.

1. This appeal under Section 173 of the Motor Vehicles Act. 1988 (hereinafter referred to as “the MV Act) arises out of award dated 25th March, 2003 passed by the 2nd Motor Accident Claims Tribunal (in short ‘the Tribunal’), by which the claimant/mother of the victim, dying in a road accident, has been awarded compensation. By the impugned award, the Tribunal has held the insurer Insured (Owner) and Driver jointly and severally liable to pay Rs. 60,000/- to the mother of the deceased and Rs. 2,500/- to Lenkeshwar, father of the deceased along with interest @ 9 per cent from the date of application.

2. The award has been challenged by the appellant-insurance Company to the extent it fastens liability, jointly and severally with the Owner and Driver, to pay the amount of compensation. The submission of learned Counsel for appellant is that the Tribunal clearly recorded the finding that the Driver of the offending vehicle was not having any valid and effective licence to drive the heavy vehicle bus. which resulted in accident Not only this, it is contended that the Tribunal categorically held in para-18 of the award that in the absence of valid a