Hon’ble Surya Prakash Kesarwani, J.—Heard Sri V.C. Dixit, learned counsel for the appellant.

2. This appeal has been filed challenging the award dated 16.11.2015 passed by he Claims Tribunal/Additional District Judge, Court No. 16, Kanpur Nagar awarding a sum of Rs. 2,85,000/- to the claimants-respondents on account of death of the deceased Pramant Katiyar, student of M.B.A. Final Semester in an accident on 4.5.2010 caused by tanker bearing registration No. U.P.V.3339. The aforesaid Sri Pramant Katiyar died during course of treatment on 16.5.2010. The only submission of learned counsel for the appellant raised before this Court is that the endorsement for carrying hazardous good was made by transport authorities on the driving licence of the driver of the offending tanker w.e.f. 11.6.2014 while the accident was caused on 4.5.2010 and as such the driver of the tanker in question was not having a valid driving licence for driving tanker. Learned counsel for the appellant further submits that this is the only ground on which this appeal is being pressed.

3. He further submits that there is no dispute on quantum of compensation. On the basis of the aforesaid argument he submits that since the driver of the tanker in question was not possessing a valid driving licence, as such no liability of the insurer-appellant can be fixed as the tanker in question was being driven in breach of the conditions of insurance policy.

4. I have carefully considered the submission of the learned counsel for the appellant.

5. Briefly stated the facts of the present case are that Sri Pramant Katiyar received grave injuries in accident on 4.5.2010 caused by the aforesaid offending tanker on Panki Kalyanpur road near Shivali road crossing. The driver of the tanker left the tanker on the spot and fled away. The aforesaid Sri Pramant Katiyar was admitted in hospital where he died during the course of treatment on 16.5.2010. He was a meritorious student of M.B.A. Final Semester and had undergone summer training in Coca Cola Company.

6. The claimants-respondents are the parent of the aforesaid deceased. They filed a claim petition No. 5 of 2011 before the Motor Accident Claim Tribunal, Kanpur Nagar which was decided by the impugned award dated 16.11.2015 awarding a sum of Rs. 2,85,000/- which includes expences in treatment amounting to Rs. 85,000/- and cremation expences amounting to Rs. 2000/-. Aggrieved with this award the appellant has filed the present appeal on the only ground pressed before this Court that the endorsement of dangerous and hazardous goods was made on the driving licence of the driver of the tanker effective from 11.6.2014 while the accident took place on 4.5.2010.

7. Before the Tribunal oral evidence of P.W. 1 and P.W. 2 and documentary evidences regarding driving licence etc. were led. The Tribunal considered the facts and evidence on record and came to the conclusion that driver of the offending truck was having valid driving licence as on date and time of the accident.

8. A copy of the extract of driving licence of the driver of the offending truck has been filed as Annexure No. 2 in which it is shown that the driver Sri Pankaj Kumar Shakya was having a driving licence No. U.P. 76/1999/000137 dated 22.7.1999. The said paper contains current details as well as subsequent transactions under heading ‘Current details’ at serial No. 3, Transport vehicle is mentioned and the driving licence is shown to be effective from 12.10.2000. Under the heading “subsequent transactions” in the fifth column it is not mentioned that the driving licence was not valid for any period after its grant. This means that the driving licence of the driver of the offending tanker for transport vehicle was always valid since its grant on 12.10.2000.

9. It is not in dispute that the driver of the offending tanker was having a valid driving licence to drive a transport vehicle. The only ground set up by appellant in the present appeal is that there was no en