- (1.) Cm-29614-Cii-2012 Prayer in this application filed under Order 41 Rule 27 read with Section 151 CPC is for permission to lead additional evidence by way of placing on record valid permit and road tax receipt.
(2.) It is contended that the applicant could not produce the said documents on the record of learned Tribunal as the same were not available at that time. He has placed reliance on Ashok Kumar Khemka and another Vs. Oriental Insurance Co. Ltd. and others, 2014 3 RCR(Civ) 1018, National Insurance Co. Ltd. Vs. Rajender Giri and others, 2012 2 RCR(Civ) 183 and 'United India Insurance Co. Ltd. Vs. Subhash Chander and others' (P&H) to plead that Section 149(2) of the Motor Vehicles Act 1988 is silent about route permit and as such the findings with regard to grant of recovery rights to the insurance company are liable to be set aside.
(3.) On the other hand, learned counsel for respondent No.1 has opposed the prayer made by the appellant and contends that merely by placing these documents on record at this appellate stage would not help the appellant in any manner since the correctness and genuineness of these documents have not been established on record.;