JUDGMENT :

1. The present appeal is filed by the Insurance Company against the Judgment and Award in Claim Petition No.14 of 2008 dated 07/01/2011 of Motor Accident Claims Tribunal, North, Panaji holding the appellant Insurance Company along with the respondent no.2 driver of the vehicle at the time of accident, the respondent no.3- the instructor and the respondent no.4 owner liable to pay the compensation to the claimant i.e. the respondent no.1.

2. Shri Afonso, learned Counsel for the appellant Insurance Company submitted that the driver respondent no.2 was the driver of the vehicle at the time of accident, who was not holding an effective license at the time of the accident. As such there was breach of terms and conditions of the policy and therefore, the appellant would not be liable to pay any compensation.

3. It is pointed out that the accident took place at around 8.45 hours on 28/02/2007 and the respondent no.2 secured the learning license on the same day from Mahiti Ghar. The office of Mahiti Ghar itself used to open at around 10.00 a.m.. This position is not disputed. However, attempts were made by the claimant for no reason to dispute the time of accident in oral evidence