( 1 ) THIS appeal by the insurance company under section 173 of the motor Vehicles Act is against the award of the Motor Accidents Claims Tribunal dated 23. 10. 1998 in Claim Case No. 353 of 1996.

( 2 ) HEARD the learned counsel for the appellant.

( 3 ) THE only point urged by the learned counsel for the appellant in support of the appeal is that the driver of the vehicle, who caused accident, had no valid licence. Such contention, in our view, is not tenable. It is well settled that the insurance company will have to establish that the insured was guilty of an infringement or violation of a promise and the insurer has to satisfy the Tribunal or the court that such violation or infringement on the part of the insured was wilful. In this connection judgment and decision in the case of sohan Lai Passi v. P. Sesh Reddy, 1996 acj 1044 (SC), may be taken note of. Para 12 of the said judgment at pp. 1051-53 of the said report appears to us to be relevant for the purpose and the same is set out hereinbelow: " (12) Now it has to be examined as to whether the insurance company can be absolved of its liability to pay the compensation in a case where the owner of the vehicle