Rakesh Kumar Garg, J. - (1.) THESE appeals (i.e. FAO No. 4489 to 4491 of 2014) have been filed by the owner of the offending vehicle challenging the Award dated 4.2.2014 passed by the Motor Accidents Claims Tribunal, Rewari, whereby compensation has been granted in favour of claimant/respondent No. 1 in MACT Case Nos. 116/2013, 117/2013 and 118/2013.
(2.) WHILE passing the impugned Award, the Insurance Company was absolved from its liability to pay compensation and the appellant along with its driver was held liable to pay the compensation to the claimant jointly and severally on the ground that the appellant has failed to prove the fact that the offending vehicle i.e. HR -47 -J -0786 was validly insured at the time of accident as Policy placed on record of the Tribunal as Ex. R -5 pertained to the period subsequent to the date of accident. While filing these appeals challenging the impugned Award, the appellant also moved an application in all these cases purported to be under Order 41 Rule 27 of the CPC for production of additional evidence to prove the Insurance Policy which was valid from 7.6.2010 to 6.6.2011. The appellant also placed on record a photocopy of such an Insurance Policy as Annexure A -1 with the appeal.
(3.) THE appeal came up for hearing on 1.7.2014. However, the same was adjourned on a request made on behalf of the appellant for 4.7.2014. The appellant further filed an application i.e. CM No. 12917 -CII of 2014 in FAO No. 4489 of 2014 to place on record original copy of the Insurance Policy (photocopy of which was already placed on record as Annexure A -1 with the appeal). Para No. 2 of the said application reads thus: That appellant -applicant now with great efforts traced out the original insurance policy (Annexure A -1) and wants to place on record the same. The appellant -applicant also wants to place on record the copy of written statement filed by the insurance company before the Ld. MACT, Rewari. These documents are necessary for the just decision of the case. Therefore, the appellant -applicant may kindly be allowed to place on record the aforesaid annexures. The appellant -applicant may kindly be exempted from filing certified copy of Annexure A -2, however, the appellant -applicant is also annexing the photocopy of the written statement filed by the insurance company.;