Abdullah Gulamahmed Uraizee, J.

1. The present appeal is preferred by the appellant-Insurance Company to question its liability to pay compensation to the respondent Nos.2 to 4 under judgment and award dated 31.12.2010 passed by learned Motor Accident Claims Tribunal (Aux.), Jamnagar in Motor Accident Claim Petition No. 92 of 2003. The appellant-Insurance Company wants to avoid its liability to pay the compensation on the ground that the driver of the offending tanker No. GTY-5660 was not holding valid driving license to drive such category of transport vehicle which carries hazardous or dangerous substance.

2. The facts bereft of unnecessary details giving rise to the present appeal are that the deceased-Kawalsingh Sachhasingh was going on foot near sikka patiya, near express hotel on 16.11.2002. At that time, driver of tanker, bearing registration No. GTY-5660 came at very high and excessive speed and dashed him down. He suffered fatal injuries and died. At the relevant time, the offending tanker was owned by respondent No. 1 and was insured with the appellant-Insurance Company. The respondent Nos.2 to 4 being legal heirs and representatives of the deceased-Kawalsingh Sac