V.K. Gupta, CJ.—The only ground of challenge in this appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the impugned judgment and award dated December 6, 1999 passed in MAC Case No. 51 of 1997 by the learned Motor Accident CLalms Tribunal, Bilaspur is that the driver of the offending vehicle at the time of the accident did not hold a valid driving licence.

2. The following five issues were framed by the Tribunal for adjudication:—

1. Whether deceased Dile Raj died in the accident of truck No. DL-IG-0557 which was being driven rashly and negligently by truck driver, if so its effect? OPP.

2. If issue No. 1 is proved in affirmative, to what amount of compensation, the petitioners are entitled and from whom? OPP.

3. Whether truck driver was not having valid driving licence, if so, its effect? OPR-2.

4. Whether the petition is bad for non-joinder of necessary parties? OPR-2.

5. Relief.

3. Issue No. 3 alone is relevant for our purposes in this appeal because the question of validity of driving licence involved in this appeal is the subject matter of this issue. Finding of the Tribunal on Issue No. 3, onus whereof was on the appellant-insurer is contained in para 8