Shiv Kumar Sharma, J. - (1.) Yet another appeal of the Insurance Company seeking exoneration from the liability to pay compensation to the claimant respondents has been preferred against the award dated 26.9.2000.
(2.) Claim petition was filed by the claimant respondents before the Motor Accident Claims Tribunal Jaipur in connection with the death of Shambhu Lal who died on July 22, 1995 in an accident caused by Tanker No. RJ 13 G 1348. In the written statement the appellant Insurance Company pleaded that the deriver of the Tanker at the time of the accident was not holding valid driving licence. As the vehicle was being driven in breach of the conditions of the Insurance Policy, the Insurance Company could not have been held liable to make compensation. Learned Tribunal framed as many as three issues and after recording evidence of the parties grants compensation in the sum of Rs. 4,28,720/- to the claimants and held the appellant Insurance Company, vehicle owner and driver jointly and severally liable to pay the compensation to the claimants.
(3.) I have heard Mr. J.P. Goyal, learned counsel for the appellant Insurance Company and scanned the record.;