Mr. Ramalingam Sudhakar, J.

This is an appeal of the year 2010.

2. The Insurance Company is on appeal challenging the award dated 24.10.2009 passed in File No. 162/Claim Petition.

3. Heard Mr. R. K. Gupta learned Senior counsel for the appellant as also Mr. P. S. Pawar, learned counsel for the respondents.

4. It is a case of fatal accident in which one Mulkh Raj died. The Insurance Company has filed this appeal on a limited scope. Accident in this case happened on 28.01.2005. The deceased, Mulkh Raj, walking on the road was hit by a private bus bearing registration No. JK02T-3378 insured with the appellant-Insurance Company.

5. The finding of the negligence on the part of the driver of the offending vehicle is not in dispute. The appellant disputes its liability on the plea that the driver of the vehicle did not have a valid driving license at the time of accident. The appellant-Insurance Company in the proceedings before the Tribunal raised a specific plea in this behalf. It submitted Diet Expenses for summoning an officer of the Licensing Authority Udhampur. The Tribunal without giving the appellant-Insurance Company an opportunity closed the evidence and proceeded to pass a