( 1 ) INSURER is appellant in this appeal under Section 173 of the Motor Vehicles Act, 1988.

( 2 ) ON 21-11-1989, while deceased aged 42 years who was an Assistant Commissioner of Sales Tax, was driving his Maruti Car, an oil tanker, risk of which was covered by the appellant dashed against the car causing fatal injuries to the deceased. On that account, old parents, widow, two minor daughters and a minor son filed an application claiming compensation of Rs. 12 lakhs alleging negligent driving of the oil tanker.

( 3 ) CLAIMANTS examined witnesses and produced documents in support of their claim. Neither appellant nor any other opposite party adduced any evidence. Considering materials on record, Tribunal determined just compensation of Rs. 8,80,000. 00 and directed insurer appellant to pay the same. This is grievance of the appellant.

( 4 ) DRIVER of the oil tanker was the best witness to explain the circumstances under which the truck collided with the car. No explanation has been offered by owner or insurer why he was not examined. Apart from drawing adverse inference that in case driver would have been examined, his negligence in driving the oil tanker would have been proved fro

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