Prakash Tatia, J.-Heard learned Counsel for the parties.

2.This appeal has been filed by the owner of the vehicle. He challenged the award dated 03.07.2003, by which the Motor Accident Claims Tribunal awarded the compensation of Rs. 2,43,000/-to the claimant on account of loss which claimants suffered due to death of Jagdish, who was Taxi driver and was hit by Tractor No. RJ-16R-6195.

3.According to the learned Counsel for the appellant, the driver of the vehicle was the owner himself . He had learners driving licence. Though the driver of the vehicle had learners licence, the Tribunal exonerated the insurer from the liability on the ground that the driver did not comply with the condition of the learners driving licence, despite the fact that no such defence was taken by the respondent-Insurance Company.

4.Learned Counsel for the appellant submits that the appellant had learners licence to drive the vehicle and, therefore, he was duly licenced as like person who has regular licence to drive the vehicle. Otherwise also, because of non-observation of any condition, if it was there but has not contributed to the accident in the any manner, then also the Insurance Company can