( 1 ) HEARD learned counsel for the parties.

( 2 ) THE short question raised in the present appeals is whether on the facts and circumstances of the case the appellant, namely, M/s Oriental Insurance co. Ltd. is obliged to pay the claimant. In order to appreciate the controversies it is necessary to give short facts. The appellant issued a comprehensive policy of insurance in favour of Respondent 1, in respect of a motorcycle which has met with an accident, covering the period between 13-11-1980 to 3-11-1981. On 7-8-1981 at about 5. 00 p. m. one Mr thimmappa Shetty, deceased, who was driving his scooter, met with an accident with the said insured motorcycle. On account of this accident, he succumbed to the injuries. Respondents 2 and 3 who are the widow and minor daughter of the deceased, filed a claim petition before the Tribunal claiming compensation of rupees four lakhs. The matter was contested. The stand of the appellant was that at the time of the accident Respondent 1 was not holding valid driving licence. Even the learners driving licence was for the period from 14-11-1980 to 13-5-1981 and thereafter fresh learners licence issued was from 14-8-1981 to 13-2-1982. Hence when