( 1 ) THIS is an appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the said Act) at the instance of the Insurance Company challenging the judgement and award passed by the Motor Accident Claims Tribunal, Ahmedabad, in Motor Accident Claims Petition No. 662/95 dated 27/04/2001. This Court had issued notice for summary disposal in response to which learned counsel Mr. Prachchhak has appeared on behalf of respondent no. 1-original claimant, who was also the driver of the scooter in question. Other respondents are absent though served.

( 2 ) APPEAL admitted. Mr. Prachchhak waives service of notice in the appeal on behalf of the respondent no. 1-original claimant.

( 3 ) AS aforesaid, this is an appeal by the Insurance Company challenging the aforesaid award contending that the Insurance Company is not liable to satisfy the award on the ground that the second respondent, who was the driver of the offending vehicle insured by the appellant insurer, had violated one of the essential terms and conditions of the policy, inasmuch as he did not hold an effective driving licence on the date of the accident.

( 4 ) IN order to appreciate the contr