Company would submit that insurance company has also filed an appeal challenging the impugned award, whereby liability to pay entire amount of compensation is fastened upon it, on the ground that Tribunal erred in not considering that offending vehicle was not having valid permit on the date of accident. Accident took place on 5.7.2012 whereas at the time of seizure of offending vehicle as also documents of offending vehicle along with other relevant documents by police on 27.7.2012 from possession of driver, he produced temporary permit, which was valid from 17.7.2012 to 16.10.2012. Neither driver nor owner of offending vehicle produced permit valid on the date of accident i.e. 5.7.2012, hence there was breach of condition of insurance policy. He submits that insurance company by filing an application under Order 8 CPC produced copy of insurance policy, letter of RTO, RC Book of offending vehicle and prayed for summoning of RTO concerned to prove the documents and also the fact that on the date of accident, there was no valid permit in respect of offending vehicle. The Claims Tribunal accepted the documents filed along with aforementioned application but refused to summon RTO concerned as a witness. Hence, liability fastened upon insurance company is not sustainable and the matter deserves to be remitted back to the Claims Tribunal for reconsideration.
