Rajesh Kumar, J. - (1.) Heard learned counsel for the appellant, learned counsel for the respondent Nos. 1, 2 & 3 i.e. claimants and counsel appearing on behalf of the respondent Nos. 4 and 5 (owner and driver of offending vehicle).
(2.) The present appeal has been filed by the insurance company on very limited grounds. The only points taken by the insurance company with regard to issue no.6 which is quoted hereunder: "vi. Whether the vehicle No.JH-12A-7990 was plying on the road with valid permit at the time of alleged accident?"
(3.) The finding has been recorded by the Claim Tribunal in paragraph-21, which is quoted hereunder: "Issue No. VI- O.P. No.2 Rajnandan Ram and O.P. No.3 Rajendra Prasad Soni in their written statements have stated that the vehicle in question has all vehicular documents relating to the Mini Bus No. JH12A-7990 but he has not produced the permit of the said Mini Bus for plying on road. However, the O.P. No.1 National Insurance Co. Ltd. in his written statement has stated that the owner of the offending vehicle shall have to produce RC Book, tax token, road permit, driving licence and other vehicular document and in absence of these documents, this O.P. shall not liable to indemnify the loss if any. The O.P. Nos.2 and 3 has not produced any document to show that the Tata 407 City Ride Mini Bus No.JH12A-7990 was plying on the road with valid permits. Accordingly, this issue is decided in favour of the claimants and against the O.P. Nos. 2 and 3.";