The Oriental Insurance Company Ltd., the 3rd respondent in the OP(MV) No.453/006 is the appellant. The appeal is directed against the award in O.P.(MV) No. 453/2006 on the file of the Motor Accidents Claims Tribunal, Kollam. The claimants filed Original Petition claiming compensation for the injuries sustained by the first claimant in the motor accident occurred on 8.9.2005. The appellant Oriental Insurance Company in the written statement inter alia contended that the first respondent who was the driver of the offending vehicle had no valid driving licence ; that there is violation of the policy conditions and therefore, the appellant is not liable to indemnify the owner. Though such contention is raised by the 3rd respondent, the Tribunal failed to frame any issue in this regard. The only issue framed is whether the accident occurred due to the negligence of the first respondent and what is the just compensation to be awarded and who are liable. The judgment does not contain any discussion whether the question as to whether the first respondent is holding any valid licence or not. It is pointed out that the first respondent was charged under Section 3(1) of the Motor Vehicles Act, that
