J U D G M E N T

The Civil Miscellaneous Appeal is directed against the award passed in M.C.O.P.No.1287 of 2009 on the file of the Motor Accident Claims Tribunal/III Additional Sub Court, Madurai.

2. The appellant/insurer, who was made liable to pay compensation of Rs.51,000/- with interest at 7.5% per annum to the first respondent/claimant for the disability suffered by him, consequent to an accident occurred on 09.05.2009, challenged the liability mulcted on it.

3. The main contention of the appellant/insurer is that the two wheeler rider was not possessing valid driving license at the time of accident and that despite proving the said factum, the Tribunal erred in mulcting liability on the appellant/insurer.

4. The only point that arises for consideration is that as to whether the Tribunal erred in mulcting entire liability on the appellant/insurer, despite showing that the two wheeler rider was not possessing valid driving license at the time of accident ?

5. The appellant/insurer in order to prove their defence has summoned and examined the staff attached to the Motor Vehicle Inspector Grade-I, Unit Office, Thirumangalam as R.W.1 and its own official Mr.Arumugam, Executive Officer a