V.K. Gupta, CJ.—A short point is involved for consideration, examination and decision in this appeal by the appellant-Insurer under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated August 11, 2000 passed by the learned Motor Accident Claims Tribunal (2) Solan in MAC Petition No. 9-S/2 of 1997. The point is with respect to the decision/finding by the learned Tribunal on Issue No. 4 relating to the validity of the driving licence allegedly possessed by respondent No. 3 herein Shri Hari Krishan, who at the relevant time was the owner-cum-driver of Truck No. HIS-496 which was involved in an accident on March 8, 1997 resulting in the death of deceased Babu Ram.

2. Following five issues were framed by the Tribunal vide its order dated April 20, 1999 :

"1. Whether Shri Babu Ram on 8.3.1997 while paddling cycle was hit by truck bearing No. HIS-496 driven rashly and negligently by respondent No. 1 as alleged? OPP

2. If issue No. 1 is proved whether the deceased Babu Ram sustained fatal injury to which he succumbed? OPP

3. Whether the petitioners are entitled for compensation if so to what extent and from whom? OPP

4. Whether the respondent No. 1 had no v