Deepak Gupta, J.:- This appeal under Section 173 of the Motor Vehicles Act (hereinafter referred to as the Act) is directed against the award of the learned Motor Accident Claims Tribunal, Hamirpur (for short the tribunal) in MAC Case No. 65/98 whereby he has awarded compensation of Rs.1,20,00/- to the claimants who are the parents of deceased Suresh Kumar.

2. Admittedly, Suresh Kumar was a cleaner of the truck No. HP-51-1558 and was aged about 23 years at the time of accident. The defence taken by the Insurance Company was that the drier did not have a valid driving license. The learned tribunal has negatived this contention of the Insurance Company. The present appeal has been filed by the Insurance Company.

3. Mr. K. D. Sood, learned counsel appearing on behalf of the Insurance Company contends that the endorsement in the driving license permitting the driver, Shayam Lal to drive heavy goods vehicle is apparently illegal and against law. He further submits that the endorsement in any event, could not have been made prior to 16.4.1998 when the necessary fee was paid and the Registering the Licensing Authority (for short RLA) has illegally ante dated the driving license for