RAMANUJAM, J. :- The claimant in O.P. No. 183 of 1978, on the file of the Motor Accidents Claims Tribunal, Madras, dissatisfied with the award passed by the Tribunal, has filed the appeal claiming not only higher compensation, but also an award

which is enforceable as against the Insurance Company.

2. On 11-3-1978 at about 4.30 p.m. one Kalaisekar, a boy aged about 12 years, was travelling in a cycle as a pillion rider. At that time a car TMW 2966 coming from behind knocked down the cycle as well as the pillion rider and run over him, resulting in his instantaneous death. Alleging that the accident was due to rash and negligent driving of the driver of the car, the mother of the deceased filed a claim petition claiming a compensation of Rs. 25,000/- for the loss of her son, as against the owner of the car and the Insurance Company with which the car had been insured.

3. The said claim petition was not opposed by the owner of the car. He remained ex parte.

4. The Insurer opposed the claim of the petitioner on the ground that the car was driven at the relevant time by an unauthorised person, who had no valid driving licence to drive the vehicle, that the driver has been prosec