Vijay Bishnoi, J. - (1.) This appeal has been filed by appellant - National Insurance Company Ltd. (for short 'the insurance company' hereinafter) being aggrieved with the judgment and award dated 29.11.1999 passed by the Motor Accident Claims Tribunal, Pratapgarh (for short 'the tribunal' hereinafter) in MACT Case No. 49/1993, whereby the respondent No. 1 was awarded compensation to the tune of Rs. 51,000/ - in lieu of the injuries sustained by him in an accident took place on 01.07.1993 at Chhoti Sadri, Pratapgarh Road.
(2.) The claimant -respondent No. 1 filed a claim petition while alleging that he sustained injuries in an accident caused by a truck bearing No. PB -10/A -9687, which was being driven by its driver rashly and negligently. The said truck was insured with the appellant -insurance company.
(3.) Learned tribunal, after taking into consideration the evidence adduced by the parties and after hearing the respective parties, has held that the respondent No. 1 sustained injuries due to rash and negligent driving of the truck No. PB -10/A -9687 by its driver. Before the learned tribunal, the insurance company did not dispute that the above mentioned truck was insured with the insurance company. In this appeal, the insurance company has challenged the finding of the tribunal in respect of issue No. 3 only while claiming that the insurance company has sufficiently proved before the tribunal that at the time of the accident, the driver of the truck No. PB -10/A -9687 was holding a fake licence, therefore, the liability of the compensation cannot be fastened upon the insurance company.;