S. Siri Jagan, J.

1. A question, which disturbs our judicial conscience, arises in these two appeals. The question is as to whether, the fact that the driver whose negligence in driving the vehicle caused accident in a motor accident claim, had only a fake driving licence, which was not known to the owner of the vehicle, would result in a situation where neither the driver nor the owner would not be liable to reimburse to the insurance company, the amount paid by the insurance company to the claimants, on account of the violation of the policy condition that the driver driving the insured vehicle should possess a valid driving licence.

2. The question arises in the following fact situation: The appellant is the insurance company in O.P.(M.V).Nos.8 and 9 of 1997 before the Motor Accidents Claims Tribunal, Palakkad, both of which arose from the same accident. The same were filed by the dependants of deceased Devaki and Beepathumma, who died in a motor accident caused by the negligent driving of the vehicle by the 1st respondent herein, which was owned by the 2nd respondent. The Tribunal, after finding negligence on the part of the driver of the vehicle, awarded compensation of