Singh, C.J. -(Oral) -- This appeal is directed against the award of Motor Accidents Claims Tribunal Tikamgarh, in Claim Case No. 50/98, dated 28.8.2000.

Smt. Kusumlata is the owner of bus No. UP-93-C/0570. This vehicle collided with a tractor resulting in injuries to Mohandas (20) son of Lalaram and Smt. Ladkunwar. It was insured with the United India Insurance Co. Ltd., Civil Lines, Jhansi. The accident took place on 18.6.1998 at about 9.30 p.m., After sustaining injuries in this accident, Mohandas was shifted to hospital where he died 15-20 days later. Allegation is that the accident took place due to rash and negligent driving of the vehicle by the driver Karansingh. Respondents stated that without impleading the owner and driver of the tractor, application was not maintainable, since they were also responsible for the accident. Insurance Company stated that the driver did· not possess licence for driving passenger vehicle, therefore, was not liable to pay the compensation.

Claims Tribunal framed three issues in the case, permitted the parties' to lead evidence and proceeded to hold that the accident took place as alleged. In this accident, Mohandas suffe