having some defects in the engine, and the truck was kept in garage, but on the date of accident, it was being taken by the driver to the Transport office, when the accident had taken place, resulting in the death of the victim. According to the claim of the owner of the truck, the permit of the vehicle was not required for settlement of the claim. The Tribunal has given the finding that the plea taken by the owner of the truck was completely an afterthought and it had been taken only with a view to save herself from the liability of permit of the offending vehicle and therefore, the Tribunal has taken adverse inference against the owner of the truck, for not producing the required permit. However, the compensation has been awarded and the appellant Insurance Company has been saddled with the liability to make the payment of compensation to the claimants. Learned counsel for the appellant has submitted that once adverse inference was drawn against the owner of the truck, the liability of payment of compensation ought to have been fixed upon the owner of the truck and not upon the insurance company. 5. Learned counsel for the claimants respondents and learned counsel for the owner of the truck have opposed the prayer. Learned counsel for the claimants respondents has placed reliance upon the decision of the Hon'ble Apex Court in Manuara Khatun and Ors. Vs. Rajesh Kumar Singh and Ors., reported in (2017) 4 SCC 796 , wherein, the law has been laid down as follows:-
