Goverdhan Bardhar, J. - (1.) The relevant facts of the case are narrated in brief: 1. That the respondent No. 1/claimant filed a claim petition for compensation to the tune of Rs. 19,04,500/- before the Motor Accidents Claims Tribunal, Jodhpur with the facts that on 03.04.2000 at about 02:30 PM his son Raju Singh was walking on the road near the Osian. At the same time one Mahendra Jeep Taxi No. RJ-19T-1219 came with very fast speed and was being driven negligently by its driver Bheru Lal from Jodhpur side and dashed Raju Singh. Thereafter the driver of the Taxi escaped. It is further stated that one Kishore Choudhary was looking after him and brought them to Jodhpur hospital but unfortunately Raju Singh died. That the claim petition was filed against the driver as well as owner of the Taxi and also against the Insurance Company.
(2.) The appellant Insurance Company also filed its reply on the ground that there was breach of the conditions of the policy regarding effective and valid driving licence to drive the category of vehicle insured with them. Hence due to breach of condition the appellant Insurance Company deserves to be exonerated from the liability.
(3.) The issue No. 3 regarding breach of condition of policy has been decided against the appellant Insurance Company. 2. Being aggrieved by the judgment and award dated 03.03.2005 the appellant insurance company prefers this appeal. 3. Heard learned counsel for the parties and perused the impugned judgment and award passed by the learned Judge, MACT Jodhpur. ;