Arun Mishra, J.

1. The appeal has been preferred by the insurer aggrieved by award dated 4-5-2007 passed by MACT, Mandla in Claim Case No. 1/2006. Vide impugned award, the Claims Tribunal has awarded compensation of Rs. 1,52,000/- on account of death of Ku. Ranu.

2. Insurer has come up in the appeal to assail it's liability to make the payment of compensation on the ground that driver was not holding the valid and effective driving licence as on the date on which accident took place.

3. Ms. Amrit Ruprah, learned Counsel appearing for insurer has submitted that driver was holding two kind of licences as on the date of accident, which permitted him to drive two wheelers without gear and four wheeler with gear. At the relevant time, he was driving the two wheeler with gear for which he was not holding the licence as such there was breach of policy.

4. The main question for consideration is whether there was breach or substantial breach on the part of the owner/driver so as to exonerate the insurer. Form and contents of licences to drive have been provided under Section 10 of the Motor Vehicles Act, 1988. Section 10 (2) Clause (a) provides for motor cycle without gear, Clause (b) prov