K.K. Usha, J.

This is an appeal at the instance of the owner of the offending vehicle. The main contention raised in this appeal is that the Tribunal has committed an error in absolving the Insurance Company from the liability on the ground that the driver of the vehicle was not having proper licence to drive the offending vehicle namely, the autorickshaw.

2. The Insurance Company had taken a specific contention before the Tribunal that the driver was not having a proper licence to drive the transport vehicle. Inspite of the fact that an application made by the Insurance Company seeking direction to produce the driving licence of the driver was allowed, it was not produced before the Tribunal and therefore adverse inference was drawn against the respondents. Before

this Court C.M.P. No. 5759/99 was filed producing photo copy of the driving licence of the 2nd respondent before the Tribunal. Pursuant to a direction issued by this Court learned Government Pleader got down the entire files from the office of the Regional Transport Authority, Ottappalam regarding the licence issued to the driver of the offending vehicle. It is seen that he was granted authorisation to drive tr