JUDGMENT :

GAUTAM KUMAR CHOUDHARY, J.

Insurance Company is in appeal against the judgment and award of compensation in Claim Case No.10 of 2003 under Section 166 of the Motor Vehicle Act by which liability of compensation has been fixed on the Insurance Company.

2. The facts are not in dispute.

3. The main contention of the Insurance Company is that the driver was not having valid driving license at the time of accident and the offending vehicle which was a tractor with trailer loaded with sand, was plying as a commercial vehicle without any valid permit. In support of the contention, it is submitted that the Insurance Company examined his Surveyor- Kishore Kumar Jha as opposite party witness no.1, who has proved the surveyor report as Exhibit A and Exhibit B which was issued by the D.T.O., Giridih.

4. As per the report of the D.T.O., Giridih, the driving license which was issued, was fake, but it was renewed w.e.f. 29.03.2001 to 28.03.2004 by D.T.O., Deoghar.

5. It is further argued that the owner appeared in this case, but permit of the vehicle was not produced. Insurance Company contested the claim inter alia case on the ground of breach of condition of the insurance policy as no perm