Prashant Kumar Mishra, J.

1. In this appeal under Section 173 of the Motor Vehicles Act preferred by the Insurance Company a challenge has been thrown to the award passed against the Appellant/Insurance Company by the Motor Accident Claims Tribunal (in short the Tribunal) awarding compensation of Rs. 2,72,440/- to the claimant/Respondent No. 1.

2. The claimant was going on his Motor Cycle on 16/02/08 along with his wife and two children. Near forest barrier Gathula Nala the Tempo Taxi bearing registration No. C.G. 08 ZA 6046 came from the opposite direction being driven by the Respondent No. 2 in a rash and negligent manner. The said vehicle caused the accident as a result of which the claimant suffered injuries. At the end of enquiry, the learned Tribunal has allowed above stated amount of compensation in favour of Respondent No. 1.

3. The only question raised by the Appellant/Insurance Company in this appeal is that the Tempo Taxi being a commercial vehicle the driver Yogeshwar Prasad was not competent to drive the vehicle as under the driving license issued in his favour, he was permitted to drive light motor vehicle only and as such, since he was driving commercial vehicle th