RAJESH KUMAR CHOPRA Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) These three appeals have been preferred by the appellant against award dated 2nd January, 2007 with a delay of 885 days. The appeals are accompanied by an application for condonation of delay and also by an application under Order 41 Rule 27 of CPC for permitting the appellant to adduce evidence during appeal.

(2.) As per the averments made in the appeal, three claim petitions under Motor Vehicle Act were filed after an accident involving vehicle of appellant took place on 12th November, 2005 resulting into death of two persons and injuries to one. Notices of these claim petitions were served upon the appellant who did not put appearance. However, the appellant's contention is that when he went to Court on 5 th April, 2006, he came to know that lawyers were on strike. So he went back without getting his presence recorded and thereafter he was advised by some Advocate that since the vehicle was insured, the matter will be dealt with by the insurance company and he need not worry about the same. He, therefore, did not contest the claim petitions.

(3.) A notice under Order XII Rule 8 of CPC was got served upon the appellant by insurance company for producing copy of driving license and permit in the court on 16th December, 2006. The appellant's plea is that he sent his employee to the Court along with documents who handed over these documents to the Advocate of insurance company, but did not get his presence recorded in the Court. The insurance company's Advocate did not place these documents on record.