1. This appeal has been preferred by the insurance company challenging the award dated 31.08.2009 passed by the Motor Accidents Claims Tribunal (Additional District Judge, Fast Track Court No.I), Salem, in M.C.O.P.No.207 of 2005.

2. It is the case of the 1st respondent/claimant before the Tribunal that on 24.12.2004 while he was walking towards the old bus stand, Salem on Anna Nagar Housing Board Road, a TVS 50 XL Super bearing registration No.TN-30-F-1931 came from the opposite direction in a rash and negligent manner and dashed against him and thus, caused the accident. At the time of the accident, the said two wheeler was driven by one Mariappan. For the injuries sustained in the accident, the claimant made a claim for a sum of Rs.4 lakhs against the owner of the vehicle, the 2nd respondent herein as well as the insurer of the vehicle, the appellant herein. The appellant insurance company contested the claim petition by taking a defence that at the time of accident, the rider of the two wheeler did not possess a driving licence to drive that vehicle and as such, the claim petition against them has to be dismissed. In order to prove the claim, the claimant examined him