AMOL RATTAN SINGH, J.

1. These two appeals, one filed by the insurance company that had insured the vehicle stated to be involved in the accident and the other by the claimants before the Motor Accident Claims Tribunal, both challenge the Award passed by the said Tribunal at Hissar.

The claimants seek enhancement of the compensation awarded, whereas the insurance company has challenged the award on all counts, i.e. on the finding of negligence, on the quantum of compensation awarded, as also on the liability fastened on the company to indemnify the insured.

The liability is being challenged on the ground that the person who was driving the vehicle, i.e. respondent no. 9 herein, Dharambir, was not holding a valid driving licence on the date of the accident and as such, there is a violation of the terms of the insurance policy. Consequently, it is contended that even if eventually this Court holds that the negligence in causing the accident was that of respondent no. 9 and that either the compensation awarded by the Tribunal is adequate or needs to be enhanced, that would still not be payable by the insurance company but only by the driver and the owner of the vehicle.

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