JUDGMENT :

1. The Insurance Company is the appellant and the appeal has been preferred against the Award of compensation in Claim Case No. 200/2002 by the District Judge-cum-Presiding Officer, Motor Vehicle Accident Claims Tribunal, Hazaribagh for the death of Sukhdeo Rajwar @ Pachu Rajwar in a motor vehicle accident involving a dumper bearing Registration No.BR-14-G-0060. It is alleged that the accident took place due to rash and negligent driving of the Dumper.

2. The owner, insurer and the driver of the offending vehicle have been impleaded as opposite party Nos. 1 to 3. The Insurance Company in the written statement pleaded that the claimants have not filed the owner book, registration certificate, tax token certificate and fitness etc. and so they were not in a position to admit or deny the insurance of the vehicle.

3. A joint written statement has been filed by O.P. No.1 (Birendra Kumar Belthariya) and O.P. No.3 (Md. Meraj). In para-9 of the written statement it has been claimed that the driver of the vehicle was having a valid driving license.

4. The learned Tribunal recorde