Heard learned counsel for the revision petitioners, no other than respondent Nos.1 and 2 of motor accident claim O.P.No.802/2008 being driver and owner of the auto trolley bearing No.AP-36-W-7513, insured with revision petition 2nd respondent shown as 3rd respondent to the claim petition and the driver and owner remained exparte and insurer contested before the Tribunal that the driver was only having learner’s license to drive non transport vehicle in question requires LMV transport, thereby no valid license and the insurance company is not liable and Tribunal, having accepted the contention, fixed the liability on respondent Nos.1 and 2, revision petitioners herein, for a compensation of Rs.3,13,440/- with interest @ 6% per annum vide award dated 16.05.2014. Same is impugned with delay condonation application and to set aside the exparte decree and the learned I Additional District Judge, Warangal, allowed the application under Section 5 Limitation Act in I.A.No.872 of 2015 by kept pending the Order 9 Rule 13 CPC application still and subject to condition of depositing half of the exparte decree amount. It is now impugned in the revision. Though the law clearly says in setting aside the exparte decree, conditions shall not be erroneous but just can be imposed including to deposit amount. Here the fact remains the policy covered the risk, but for the contention of insurer to absolve from liability, but driver not possessed valid driving license.
