JUDGMENT

Najmi Waziri, J.(Oral)--This appeal impugns the award of compensation dated 20.01.2018 passed by the learned MACT in Case No. 450464/2016, on the ground that it did not grant right of recovery to the appellant-insurer against the owner of the offending-insured vehicle. It is the appellant's case that by notice dated 17.11.2017 it had sought following information from the owner of the vehicle under Order 12 Rule 8 CPC:

"...Take note that you, the addressees, are required to produce valid and effective Driving license of Gopal Driver, Permit & Fitness certificate and Registration Certificate of Offending Vehicle bearing no. HR-38H-5698(Truck) which covers on the date of accident i.e. 29.04.2008..."

2. The said letter was never responded to nor were the requisite documents supplied to the insurer. The owner and driver of the vehicle did not appear before the learned MACT and they were proceeded ex parte. The appellant's contention in this regard has been dealt with in the impugned order as under:

"....20. That, the vehicle in question was insured with R-3 i.e. The New India Assurance Company Ltd., and Ld. Counsel for the insurance company has argued that there a (sic) breac