G.P. Mittal, J.

The Appellant New India Assurance Company Limited impugns the judgment dated 28.02.2008 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of Rs. 40,000/-, the Claims Tribunal held that the first Respondent was competent to drive a Jeep as he was holding a valid driving licence to drive LMV.

2. It is a matter of record that the Insured vehicle bearing registration number DL-1LE-2172 (Mahendra Pick Up Van) was a goods carrying commercial vehicle, owned by M/s. Ajay Service Station, the Second Respondent. While making the Appellant Insurance Company liable to indemnify the award, the Claims Tribunal held as under:-

"16. The respondent no. 3 took the plea that the R-1 was not having valid and effective driving license at the time of accident so the RW2 examined two witnesses in this respect RW1 Padam Singh and RW2 Anil Kumar. RW1 Padam Singh, Record Keeper North Zone, Mall Road Authority deposed that as per his testimony that Rakesh Kumar Verma R-1 was having valid and effective driving license for LMV, non transport and motor cycle only and he proved its record as Ex.R3W1 and as per the testimony of RW2 who