The main legal point established in the judgment is that the insurer's liability under the Motor Vehicles Act is not absolved unless it is proven that the insured wilfully violated the condition of the policy by allowing a person not duly licensed to drive the vehicle at the time of the accident.

( 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 truck. A certificate issued by the r. T. O. was filed which reflected that the licence was issued to Attar Singh prior to 10 years on 28. 3. 1989 which was valid up to 29. 3. 1992. It was renewed from 25. 5. 96 to 24. 5. 1998. Thereafter it was again got renewed from 20. 11. 1998 to 19. 11. 2001. The certificate issued by Regional transport Officer shows that the date of issue of driving licence is 30. 3. 1989 and date of its expiry is 19. 11. 2001.

( 5 ) THE learned Claims Tribunal has awarded a sum of Rs. 7,58,640 as compensation. It has been found from the pay slip that the gross salary of the deceased was rs. 13,095, deduction of 1/3rd amount, i. e. , rs. 4,385 has been made towards self expenditure. Dependency has been assessed at Rs. 8,710. Deceased was aged 56 years. Multiplier of 7 has been applied. Thus, loss of dependency has been assessed at Rs. 7,31,640. Remaining amount is towards loss of consortium and funeral expenses. Interest at the rate of 12 per cent from the date of application till payment has also been awarded. The Tribunal has come to the conclusion that the insurance company is liable to indemnify.

( 6 ) LEARNED counsel for the insurer Mr. N. S. Ruprah has vehemently submitted that it is a case where from the certificate produced by the insurer from the Regional transport Officer, it is apparent that the licence issued in the year 1989 was not renewed on the date of accident, i. e. , on 12. 11. 1998. Hence, the insurer cannot be held liable as the person driving the vehicle must hold an effective and valid driving licence to drive the vehicle insured at the time of accident.

( 7 ) FIRSTLY, we are not satisfied by mere production of certificate of the Regional transport Officer that the insurer has discharged its burden to prove that the driver's licence was expired on the date of accident. Document No. 2 filed with the appeal indicates the date of issue of licence to Attar singh, driver as 30. 3. 89 and date of expiry as 19. 11. 2001. Thereafter in the bottom there are certain entries of the different period without mentioning anything further. Those periods are 20. 3. 1989 to 29. 3. 1992, 25. 5. 1996 to 24. 5. 1998 and 20. 11. 1998 to 19. 11. 2001. The entry No. 5 of this certificate shows the date of issue to be 30. 3. 89 and date of expiry to be 19. 11. 2001, which goes to show that the licence of the driver was issued on 30. 3. 1989 and has been validated till 19. 11. 2001. No witness has been examined on behalf of the insurer to show that any disqualification was incurred by the driver. On the contrary, the certificate goes to show that he has been found fit to drive the vehicle from the year 1989 till the year 2001. The Apex Court in case of Sohan Lal Passi v. P. Sesh Reddy, 1996 acj 1044 (SC), has held that:"under secti