Judgment . :

1. By way of this appeal, the appellant is seeking exoneration from the liability or alternatively pay and recovery order.

2. It is the contention of learned counsel for the appellant that at the time of the accident, the driver of the offending vehicle was not holding a valid and effective driving license. The offence was registered under Section 3 /181 of the Motor Vehicles Act against the driver. The appellant examined the Investigating Officer as witness to prove that the driver was not holding valid and effective driving license at the time of the accident, but this fact is not considered by the Tribunal and the Tribunal fixed the liability on the appellant- Insurance Company, which is not proper. Learned counsel further submits that to prove the breach of terms and conditions of the insurance policy, the appellant examined the officer of the Insurance Company - Ms. Apurva Bhave but the Tribunal has not considered the evidence