J.G. Chitre, J.

1. The short point involved in this appeal is whether the Insurance Company, respondent No. 3, can be exonerated from the liability of paying compensation to the claimants so far as the present proceeding is concerned.

2. Mr. Siddique, learned Counsel appearing for appellant has pointed out that at the relevant time the driver of truck bearing number CPF 8273 was having a valid licence and evidence on record proves abundantly that he was driving the said truck rashly and negligently when the said accident took place. Mr. A.H. Khan appearing for the Insurance Company pointed out that the said licence could not be produced at the time of hearing of claim case because the said driver had not produced it. Mr. Siddique argued that when the driver did not appear and did not contest the said proceeding, it was not possible for the appellant to procure the said licence from the driver of the said vehicle and to keep it on record.

3. It is to be noted that the matters which are arising out of accidents caused by motor vehicles are to be decided in view of provisions of Motor Vehicles Act and have to be decided with different approach because the relevant provisions of M