SURESH KAIT, J.

1. Instant appeal is directed against the impugned award dated 23.11.2010 passed by the ld. Tribunal, whereby while awarding the compensation in favour of the respondents / claimants, appellant was granted recovery rights of the said amount from the respondent nos. 1 & 3, owner and driver of the offending vehicle.

2. Counsel appearing on behalf of the appellant has argued only on the ground that the ld. Tribunal failed to consider the fact that in the present case, there was no driving licence and in such type of cases, the Insurance Company is not liable at all to indemnify the insured.

3. Ld. Counsel has submitted that the ld. Tribunal wrongly reached to the conclusion that the Insurance Company has failed to prove the breach of terms and conditions of the Insurance policy in accordance with the law. Therefore the impugned award is liable to be set aside and the appellant is entitled to be absolved from any responsibility.

4. He further submitted that a chargesheet was filed against respondent no. 3 in which the driver was challaned under Section 279/337 of the IPC and also under Section 3/181 of the Motor Vehicles Act. Notice under Order XII Rule 8 CPC w