JUDGMENT :

Vinit Kumar Mathur, J.

1. The present appeal has been preferred against the judgment and award dated 29/07/2000 passed by Motor Accident Claims Tribunal, Balotra (District & Sessions Judge, Balotra, District Barmer) in Civil Misc. (Claim) Case No. 5/1998. Vide judgment dated 29/07/2000, the claim petition of the claimants was decided and an amount of Rs. 2,10,000/- was awarded to the claimants on account of the death of Smt. Nenu Devi.

2. Learned Tribunal after framing the issues, evaluating the evidence brought on record and hearing learned counsel for the parties, decided the claim petition of the claimants as stated hereinabove.

3. Heard.

4. Shri UCS Singhvi, learned counsel for the appellant/Insurance Company has attacked the finding of the Tribunal recorded on issue No. 3. Learned counsel submits that the Tribunal erred while recording the finding on issue No. 3 as the liability has been fastened on the Insurance Company only on the ground that the Insurance Company could not discharge its burden to prove the fact that at the time of the accident, the driver of the bus was holding a requisite licence or not. Learned counsel submits that it was discussed in detail that th