JUDGMENT :

SHARAD KUMAR SHARMA, J.

1. Brief facts of the instant Appeal from Order are, that the claimants had preferred a claim petition before the learned Motor Accident Claims Tribunal, thereby praying for grant of an appropriate compensation to the tune of Rs. 10.00 lakh, on account of injury caused to the claimant Sueb Khan, due to the accident which has chanced on 10.02.2010 by a vehicle, which was owned by respondent No. 2 i.e. Vikar Hussain and which, at the relevant point of time, was being driven by respondent No. 3 i.e. S. Khan.

2. The learned Motor Accident Claims Tribunal, after dealing with the factual matrix about the vehicle being involved in the accident and upon exchange of pleading had framed the issues and the issue which presently would be of concern for deciding the instant Appeal from Order, would be the issue No. 3 as to whether at the relevant point of time, i.e. on the date of accident dated 10.02.2010, the vehicle was being driven in accordance with the terms of the insurance policy. Issue No. 3 is extracted hereunder:

“(iii) Whether at the relevant time the alto car involved in the accident was being driven as per the terms and conditions of the Insurance po