This Civil Miscellaneous Appeal is directed against the award dated 17.01.2002 made by the Motor Accidents Claims Tribunal (3rd Additional District Judge), Dharmapuri at Krishnagiri in M.A.C.T.O.P.No.287 of 2001 directing the appellant herein to pay a sum of Rs.1,13,500/- as compensation to the first respondent/ claimant together with an interest at the rate of 9% per annum from the date of claim till payment and with proportionate costs.

2. The first respondent herein, alleging that he met with an accident on 010. 1998 at about 6.00 p.m. near Chinnamattarapalli bus stop which resulted in injuries leading to permanent disability, made a claim against the appellant and the second respondent herein for a compensation to the tune of Rs.3,00,000/-. It was his contenting before the tribunal that the motorcycle belonging to the second respondent herein bearing Regn.No.TN-29 U-5604 was the vehicle involved in the accident and that the said motorcycle hit him and caused the accident as its rider rode it rashly and negligently without following the rules of the road. It was his further contention before the tribunal that, while he was walking along the edge of the road, the said motorcycle came there driven by its rider rashly and negligently and hit him which resulted in the injuries noted in the claim petition which, according to him, led to the permanent disability.

3. The owner of the said vehicle, namely the second respondent herein, did not evince interest in resisting the claim and he remained ex-parte before the tribunal. The appellant herein, namely the Oriental Insurance Co. Ltd., alone contested the claim by filing a counter statement. In the said counter statement, besides denying the petition allegations on the merits of the case, the appellant herein also contended that the rider of the motorcycle did not possess a valid driving license and that hence the appellant/insurer was not liable to pay any compensation in terms of the contract of insurance.

4. The tribunal framed necessary issues and conducted trial in which two witnesses were examined as P.W.1 and P.W.2 and four documents were marked as Ex.A1 to Ex.A4 on the side of the petitioner (the first respondent herein). R.W.1 and R.W.2 were examined and Ex.B1 and Ex.B2 were marked on the side of the appellant herein/second respondent before the tribunal. The tribunal considered the evidence after hearing the arguments advanced on either side and upon such a consideration, came to the conclusion that the accident was the result of the rash and negligent driving of the motorcycle belonging to the second respondent herein/ first respondent in the O.P. The tribunal assessed the damages to which the first respondent herein/petitioner was entitled at Rs.1,13,500/-.

5. So far as the contention of the appellant herein/second respondent that the rider of the motorcycle did not possess a valid driving license at the time of accident is concerned, the tribunal held that the onus to prove the absence of driving license and the consequential violation of the policy condition was on the appellant/insurer and that such onus was not discharged. In line with the said finding, the tribunal held that the appellant/insurer was obliged to indemnify the insured, namely the second respondent (owner of the offending vehicle) to the extent of his liability towards the first respondent herein/petitioner which was fixed at Rs.1,13,500/-. Thus, the tribunal has passed an award holding that first and second respondents jointly and severally liable to pay the above said amount and directing them to pay the said amount with an interest at the rate of 9% per annum from the date of claim till realization along with proportionate costs.

6. The said award of the tribunal dated 17.01.2002 is challenged by the appellant/insurer in this Civil Miscellaneous Appeal not on the question of negligence or the quantum of compensation, but on the question of the liability of the insured in the light of