JUDGMENT :

NAJMI WAZIRI, J.

1. This appeal impugns the award of compensation dated 28.07.2016 passed by the learned MACT in Suit No. 607/14 on the ground that liability has been fastened upon the insurer to pay the compensation, whereas it should have been upon the owner and driver because there was a fundamental breach of policy condition.

2. It is the appellant's case that the driver of the vehicle did not possess a requisite valid driving licence i.e. there was no endorsement on the driving licence, of the driver to drive a hazardous-goods carrying vehicle.

3. The accident happened on 07.12.2013. It was the case of the owner of the vehicle that the driver of the vehicle had been trained at a Government-licenced motor driving training school, namely M/s. Om Sai Motor Driving Training School, Noida, U.P. and a certificate had been issued in favour of the driver on 23.02.2013. It was valid upto 22.04.2014.

4. In this regard, the learned Tribunal has observed and reasoned as under:

"9. Respondent No. 2 got examined Shri Ankit Tyagi, Instructor, Om Sai Motor Driving Training School, Noida, U.P. as R2W1 in its defence. He has proved certificate issued from Dy. Transport Commissioner Authori