NEW INDIA ASSURANCE COMPANY LTD Vs. ROSHINI DEVI

JUDGEMENT

(1.) THE Appellant New India Assurance Company Limited seeks permission to lead additional evidence. It is stated that in the written statement filed by the Appellant Insurance Company it was pleaded that since the driver was not holding a valid and effective driving licence on the date of the accident, the insured committed breach of the terms and conditions of the Insurance policy. In support of the plea, the Appellant also placed on record the investigator's report dated 27.11.2008. It is stated that the Motor Accident Claims Tribunal (the Claims Tribunal) failed to take into account the Investigator's report as the same was not proved by examining any witness from the licensing Authority, Kanpur.

(2.) IT is further stated that Permit Verification Report dated 26.11.2009 of the offending vehicle also revealed that the permit was not valid for the State of Delhi but the said report was misplaced by the official of the Appellant Insurance Company and, therefore, could not be placed on record.

(3.) ORDER XLI Rule 27 CPC is extracted hereunder:-