P.K.LOHRA,J. - (1.) Appellant-Insurer has preferred this appeal under section 173 of the Motor Vehicles Act, 1988 (for short, 'Act') challenging judgment and award dated 18.03.2017, passed by Motor Accident Claims Tribunal, Salumbar, District Udaipur (for short, 'learned Tribunal'). The learned Tribunal, by the impugned judgment and award, while adjudicating the claim, laid on behalf of respondent claimants, under Section 166 read with Section 140 of the Act, partly allowed the same and awarded compensation to the tune of Rs. 7,93,000/-. The aforesaid claim was laid by the respondent( claimants on account of accidental death of Sheeva Meena, who was their bread-winner. In the claim petition, it was inter-alia averred that respondent No.1 is widow of deceased, respondent No.2 is his daughter and respondent No.3 is his mother.
(2.) The claim petition is contested by owner, driver and the Insurer of the offending vehicle.
(3.) Learned counsel appearing for the appellant-Insurer, in order to assail impugned judgment and award, has precisely raised one ground, i.e., violation of the conditions of insurance policy. It is contended by learned counsel that the driver of insured vehicle was having driving licence of motorcycle and LMV and the insured vehicle Tempo was used as transport vehicle. It is also contended that the gross weight of insured vehicle was less than 7500 kg, and therefore, the same could be driven only by a person holding LMV licence.;