1. This appeal under S.173 of the Motor Vehicles Act (hereinafter referred to as 'the Act') arises out of the award passed by the learned Motor Accidents Claims Tribunal, Kullu (for short 'the Tribunal') in Claim Petition No. 6 of 1996; decided on 28.11.1997.

2. The material facts are that a Maruti van, admittedly registered as a taxi, bearing registration No. HP 02-4181. This taxi was being driven by its driver Sunil Kumar on 10.6.1995. At about 8 a.m. this taxi hit the petitioner, Baldasi. The taxi was insured with Oriental Insurance Co. Ltd. Baldasi filed a claim petition under S.166 of the Act. The factum of the accident was not denied. However, according to the owner the accident had occurred due to negligence of the claimant herself. In the alternative it was pleaded that since the vehicle was insured with the insurance company the liability, if any, was that of the insurance company. The insurance company, on the other hand, took up the plea that the driver did not have a valid driving licence and, therefore, it was not liable.

3. The learned Tribunal came to the conclusion that the claimant was entitled to compensation of Rs.29,570. It, however, held that this amount was to b