(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) Applicant-The Oriental Insurance Company Ltd. is the appellant in the first appeal. The applicant, through this application, seeks to produce on record the insurance policy of the vehicle involved in the accident. The applicant prays that such policy be taken on record by way of an additional evidence in terms of Order 41 Rule 27 of Civil Procedure Code.
Learned counsel, Mr. Rajni Mehta for the applicant- insurance company submitted that cover note of the insurance policy was already on record before the claims tribunal. However, the full policy was not produced. He submitted that relevant condition, on which he based reliance are already contained in the cover note. However, by way of abandon caution not to give rise to any dispute for want of the insurance policy being taken on record, the present application is filed.
In the interest of justice and to enable this Court to decide the issue in the first appeal, the request is granted, The insurance policy, copy of which is produced at Annexure-A to this application is ordered to be taken on record by way of additional evidence.
Civil Application is disposed of accordingly.
[AKIL KURESHI, J.] [C.L.SONI, J.] JYOTI Top