JUDGMENT

This appeal has been filed by the third respondent insurer in OP(MV) No.321 of 2013 on the files of the Additional Motor Accidents Claims Tribunal-III, Kasaragod, seeking right of recovery against the owner of the offending vehicle. The respondents herein were respondents 1 & 2 before the tribunal.

2. The case of the claimant was that on 03.02.2013, while the claimant was waiting by the side of the road, a tractor bearing Reg.No.TN/51/A/7689 driven by the first respondent in a rash and negligent manner, hit him, whereby he sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹1,50,000/-. The first respondent, who was the driver of the offending vehicle, filed a counter statement before the tribunal, denying negligence. The second respondent, who was the owner of the offending vehicle, remained ex parte before the tribunal. The third respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation claimed. It was also contended that the first respondent/driver of the offending vehicle was not having a valid driving licence at the time of