Mansoor Ahmad Mir, Chief Justice.

Challenge in this appeal is to the judgment and award, dated 19th June, 2009, made by the Motor Accident Claims Tribunal, Fast Track Court, Una, District Una, H.P. (for short "the Tribunal") in MAC Petition No. RBT 16/05/03, titled as Rakesh Kumar versus Surinder Kumar and others, whereby compensation to the tune of 1,25,000/with interest @ 6% per annum from the date of filing of the petition came to be awarded in favour of the claimant-injured and against the respondents (for short “the impugned award”).

2. The claimant-injured, driver and the owners-insured of the offending vehicle have not questioned the impugned award on any count, thus, has attained finality so far it relates to them.

3. Appellant-insurer has questioned the impugned award so far it relates only to issues No. 4 and 5. Thus, I deem it proper to reproduce only issues No. 4 and 5 framed by the Tribunal herein:

“4. Whether the tractor in question was being used against the terms and conditions of insurance policy as alleged, if so its effect? OPR5

5. Whether respondent No. 1 was not having any valid and effective driving licence at the relevant time as alleged, if so its