ORDER :

The claimant has been served in the present matter. However, driver against whom, the issue has been raised could not be served. Considering the legal issue involved the appeal could be heard in his absence, hence finally heard.

1. Challenge has been made against the judgement and award dated 16.11.2018 passed by the learned Motor Accident Claims Tribunal (Main), Mehsana in MACP No. 953 of 2011.

2. The grounds raised in this petition are that learned Tribunal has not appreciated the provisions of the Motor Vehicle Act more particularly Section 41(4) read with Section 3,10, 14(2) & Section 2(47) of the Act and has completely by overlooking the provisions, erred in observing that there is no breach of condition of policy by owner of the vehicle.

3. Mr. Maulik Shelat, learned advocate appearing for the appellant has submitted that RTO officer who was examined by the Insurance Company at Exh.39 has deposed that driver of the goods carriage was not holding the license to drive the transport vehicle and therefore, he is not entitled to drive the same. He has further submitted that certified copy of the driving license was produced at Exh.41 to substantiate that driver was not autho