( 1 ) THIS appeal is filed by the appellant-claimant requesting to fasten the liability on the respondent No. 2 insurance company and also to enhance the amount of compensation awarded on 12. 3. 2001 in m. V. C. No. 431 of 1993 by the M. A. C. T. at Mandya.

( 2 ) REGARDING first ground, it is argued for appellant-claimant that the Tribunal committed an error in not fastening liability with the insurance company. Learned counsel for the insurance company now submits that the vehicle had the valid insurance coverage as on the date of accident. Still important questions, namely, in spite of the fact that vehicle has insurance coverage, whether insurance company can plead before the Tribunal that the vehicle had no insurance coverage and whether adverse inference can be drawn against insurance company when it fails to produce record of insurance policy when called upon, more so, in the absence of participation in the proceedings by the owner of vehicle, require to be answered.

( 3 ) FIRSTLY, it may be noted that in para no. 16 of claim petition claimant pleaded that the policy for the vehicle was issued by United India Insurance Co. Ltd. , Branch office, Finance House, II Fl