Ms. Kamlesh Sharma, J.—The appellant Insurance Company is aggrieved by the award dated 27.7.1993 passed by Motor Accident Claims Tribunal, Solan whereby the claim petition of the respondents-claimants was allowed and compensation of Rs. 1,43,000 was awarded to them to be paid by the appellant Insurance Company with interest at the rate of 12% p.a. from the date of filing the petition till the date of payment if the award amount is not paid within 45 days from the date of order. The only ground for denying their liability to pay the amount of compensation is that the driver of the scooter respondent No. 4 Bhuvan Chand Tiwari was not holding driving licence, more specifically, that his driving licence was for light motor vehicle only and not for scooter independently or by way of endorsement.

2. We have heard learned Counsel for the parties and gone through the record. We find that in the reply to the claim petition the appellant Insurance Company took (number of preliminary objections and preliminary objection No. 9 was, "That the scooter driver did not possess a valid driving licence at the time of alleged accident. So, on this ground alone the present claim petition is lia