is done by insurance company under the rules as per testimony of defence witness. The Tribunal held that even from the cross examination of respondent no. 1 conducted by the counsel of respondent no. 3, nothing intrinsic has come out so as to deduce something to hold that deposition had been falsely made by the owner of the vehicle. Further deliberating on the issue of the same number cover note having been issued to one Ashish Gautam in respect of a Toyota Fortuner Car on 12.08.2010, the Tribunal relied on the testimony of DW-2, the RTO official Sushma Agarwal in which she stated that papers for registration of Fortuner Car purchased by the owner of Diamond Carpet Sri Lalit Jain was presented on 06.08.2010 and the U.P. 80 BQ 6145 was issued on 12.08.2010. The Tribunal observed that this witness also stated that no registration was permissible without the vehicle being insured and then she admitted that Sri Lalit Jain had got the registration of the vehicle applied along with cover note of the insurance bearing no. 002300173450 of HDFC Ergo and this cover note is filed as paper no. 41-C/21 by DW-2. The Tribunal noted down it that interestingly the insurance company had virtually issued two cover notes for the same vehicle, one while registration done by its owner and also the owner of Diamond Carpet while on the second time in favour of Ashish Gautam after the transfer of vehicle. However, the Tribunal recorded that the documents which were produced before it, it is not traceable as to how Ashish Gautam became owner of the vehicle when there is no transfer of vehicle in the name of Ashish Gautam registered in the office of RTO, whereas, from the records of RTO it fully transpired that in 2011 the vehicle was transferred by its owner Lalit Jain in the name of Ashu Cheu and the vehicle continued to be recorded in the name of that Ashu Cheu. The question therefore, remained unanswered on the part of the insurance company as to under what circumstances insurance cover note has been issued in favour of Ashish Gautam and premium taken from Ashish Gautam while the insurance policy of a vehicle runs/ lasts for a period of one year. In order to appreciate the findings of the Tribunal on
