9. First coming to the challenge advanced by the insurer, it is seen that the offending motorcycle was driven by one Mr. Dillip Kumar Rath, who is Opposite Party No.1 before the Tribunal. He did not come to contest the case and there is no dispute about his ownership of the offending motorcycle. As per the claimants, said Dillip Kumar Rath was driving the offending motorcycle at the time of accident. Ext.B is the certified copy of the driving license of said Dillip Kumar Rath and as per Ext.B, though he was authorized to drive the light motor vehicle and light passenger motor vehicle, but he was not authorized to drive two wheeler (motorcycle). As such, it is established that the driver-cum-owner of the offending motorcycle was not having a valid driving license on the date of accident. Since the owner is the driver, the negligence and lack of reasonable care on his part to drive the motorcycle without a valid driving license is clearly established and therefore, in terms of the principle decided in the case of National Insurance Co. Ltd. vs. Swaran Singh and others, (2004) 3 SCC 297 , the insurer is not liable to indemnify the owner. As such the insurer is exempted from its liability to indemnify the compensation amount on behalf of the owner.
