M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accidents Claims Tribunal, Navsari (hereinafter referred to as 'the Tribunal') dated 28.11.2013 passed in the Motor Accident Claim Petition No. 238 of 2009 by which the learned Tribunal has held the appellant insurance company also liable to pay the compensation for the death of Balwantbhai Rayabhai Patel, the appellant insurance company-original opponent No. 3 has preferred the present first appeal. At the outset, it is required to be noted that the appeal has been filed solely on the ground that as the driver of the vehicle involved in the accident was having a fake driving licence, the insurance company cannot be fastened with the liability to pay compensation. It is the case on behalf of the appellant that as the driving licence of the driver of the vehicle involved in the accident was fake, there was a violation of the terms of the insurance policy and, therefore, the insurance company is not liable to pay the compensation.

2. Mr. Vibhuti Nanavati, learned advocate appearing on behalf of the appellant insurance company, has vehemently submitted that as s