ORDER :

1. The appellant insurance company has preferred present appeal under Section 173 of the Motor Vehicles Act 1988 (“M.V. Act” for short) to question its liability to pay compensation under judgment and award dated 23.12.2019 passed by learned Motor Accident Claims Tribunal (Main) at Gandhinagar in M.A.C.P. No. 124 of 2016.

2. I have heard Mr. Raval, learned advocate for the appellant. There is no appearance on behalf of the respondents, though served with the notice of admission issued by this Court.

3. Mr. Raval, learned advocate for the appellant submits that the Tribunal has committed error in fastening liability of payment of compensation on the appellant insurance company, as the driver of the offending vehicle was holding the license to drive the non-transport vehicle, whereas the offending vehicle was Eicher Truck i.e. transport vehicle. It is his further submission that the appellant has produced various documents along with written statement Exh.17 to prove the defence of invalid driving license. He, therefore, submits that the tribunal has committed error in fastening liability of payment of compensation on the appellant insurance company relying on the decision of th