( 1 ) THIS miscellaneous appeal has been preferred by the insurer aggrieved by the award dated 23. 2. 2000 passed by the Motor Accidents Claims tribunal, Durg in Claim Case No. 41 of 1999.

( 2 ) THE claimants-respondent Nos. 1 to 5 filed an application for compensation arising out of the death of Mahendra Nath tripathi in an accident dated 12. 11. 1998, which took place at 5. 15 a. m. near Bihar hotel, G. E. Road, Power House, Bhilai. The deceased along with his son, Sandeep tripathi at the relevant time was going to power House Railway Station on Luna moped bearing registration No. MP 24-H 7826, when the truck bearing registration no. MP 23-2799 came from the opposite direction and dashed against the Luna. Mahendra Nath Tripathi died and Sandeep tripathi sustained injuries.

( 3 ) DECEASED was in employment of bhilai Steel Plant. His salary was Rs. 13,422 p. m. The claimants-respondent Nos. 1 to 5 claimed a compensation to the tune of rs. 9,75,892.

( 4 ) THE insurer contended that the driving licence of the respondent No. 6, Attar singh had expired on 24. 5. 1998. The accident took place on 12. 11. 1998. Thus, on 12. 11. 1998 he was not authorised to drive the said