JUDGEMENT :

1. This is an appeal under Section 173 of the Motor Vehicles Act praying for setting aside the judgment and award dated 12.10.2018 passed by the Motor Accident Claims Tribunal, Srinagar (for short, ‘Tribunal’)

The Tribunal by virtue of the award impugned, allowed an amount of Rs. 6,98,500/- with 6.5% per annum in favour of the petitioners from the date of the presentation of the claim petition till realization.

2. The main ground of challenge in the present appeal is that since the driver of the offending vehicle did not have an effective and valid licence, therefore, no liability could be fastened on the insurance company.

3. In its defence, the insurance company took two pleas; firstly, it was stated that the driver of the offending vehicle was not holding a valid driving licence at the time of the alleged accident and secondly, it was generally stated that the petitioners be put to strict proof regarding the vehicular documents like Registration Certificate, Route Permit, Fitness Certificate and other vehicular documents.

4. On a perusal of the award impugned, it is seen that issue No. 2 was framed by the Tribunal, which reads as under:

“Whether the owner of the offending