ICICI LOMBARD GENERAL INSURANCE CO. LTD Vs. VIJENDER

JUDGEMENT

(1.) THE Appellant Insurance Company impugns a judgment dated 17.05.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs. 1,20,603.00 was awarded in favour of the First Respondent for having suffered injuries in a motor vehicle accident which occurred on 21.09.2006.

(2.) THE only ground urged by the learned counsel for the Appellant Insurance Company is that a notice under Order XII Rule 8 CPC was issued to the Respondent No.3, the owner of the vehicle, to produce the valid permit in respect of the vehicle No.HR-39A-5147 to ply the same in the State of Haryana at the time of the accident. Despite the service of notice, the owner failed to produce the permit.

(3.) IT is further urged by the learned counsel for the Appellant Insurance Company that the driver and the owner of the offending vehicle preferred not to contest the proceedings despite service of the notice, and therefore, an adverse inference ought to have been drawn against the owner of the offending vehicle.