K. Jagannatha Shetty, J. - (1.) The question raised in this appeal relates to the liability of the owner of an insured vehicle to pay compensation for the accident caused by negligence of an unlicensed driver.
(2.) The facts which are now found are these:A constable while returning home after performing his duties was knocked down by a tractor owned by appellant No. 1 Kashiram Yadav. Appellant No. 2 Raghuraj was then driving the tractor. He had no driving licence. The widow of the constable and her children claimed compensation from the appellants and the insurer. Towner resisted the claim contending inter alia that he had already sold the vehicle to a third party and that vehicle was driven by the licensed driver Gaya Prasad at the time of the accident. Both these facts were not established. The Tribunal held that Raghuraj Singh was draving the tractor and the accident took place due to his rash and negligent driving and not due to any fault on the part of the constable. Since Raghuraj Singh had no driving licence, the Tribunal held that the owner of the vehicle alone is liable to pay the compensation. Having reached that conclusion, the Tribunal determined the amount of compensation payable to the claimants. A sum of Rs. 96,000/- was awarded with interest at the rate of 12 per cent per annum till realisation. This award of the Tribunal has been affirmed by the High Court.
(3.) We are not concerned with the quantum of compensation determined by the Tribunal. That question has not been agitated before us. The only contention that was canvassed before us is as to the liability of the insurer to indemnify the owner to satisfy the judgment against him.;