BHASKAR BHATTACHARYA, J.

1. This first appeal under the Motor Vehicles Act, 1988, is at the instance of the insurance company and is directed against an award dated 29.9.2007, passed by the Presiding Officer, Fast Track Court No. 4, Ahmedabad [Rural] in M.A.C.P. No. 558 of 1995, thereby partly allowing the application by awarding a sum of Rs. 3,33,640 with interest at the rate of 8.5 per cent per annum from the date of filing of the application till realization with a direction upon the insurance company to make that payment. Being dissatisfied, the insurance company has come up with the present appeal.

2. Mr. Sunil Parikh, learned advocate appearing on behalf of the insurance company, has taken a pure question of law in support of his submission that in the facts of the present case, the insurance company is not liable to pay the amount of compensation on behalf of the owner of the offending vehicle.

3. There is no dispute that the victim died due to negligence on the part of the driver of the offending truck insured by the appellant before me. It appears that at the time of the accident, the truck was being driven by the opponent No. 1 who was holding a driving licence for