NATIONAL INSURANCE COMPANY LTD. Vs. MANI DEVI

JUDGEMENT

(1.) HEARD learned Counsel for the parties and with their assistance, have also examined the record of the complaint file.

(2.) ALONG with this appeal, two applications being M.A. No. 385/2007 for additional evidence i.e. for production of copy of the policy with terms and conditions, and M.A. No. 386/2007 for amendment of reply, have been filed by the appellants. Prayer to allow these applications is based on the fact that due to inadvertent bona fide oversight, complete copy of Policy of Insurance could not be produced and also the plea based on Section IV "Personal Accident Cover for Owner Driver" could not be set out in the original reply filed before the District Forum below. However, in response to our specific query, Mr. Tajta pointed out that complete copy of Policy of Insurance along with its terms and conditions was in the possession of his client. He however submitted that technicality should not be allowed to come in the way of grant of substantial justice. Further according to Mr. Tajta, in any event, when insurance is admitted, non -filing of the complete copy of Insurance Policy should not be denied to his client by way of additional evidence. Per Mr. Tajta, respondent shall get an opportunity to controvert/rebut the additional evidence.

(3.) ALL these pleas have been controverted by the learned Counsel for the respondent Mr. Paul, who urged that the filing of both the applications is nothing but an abuse of the process of law and Court on the part of the appellants. In this behalf, he urged that there is no reason much less a good and valid reason given for not filing the complete copy of Policy of Insurance as also basing its defence on the terms thereof as now intended by way of amendment of reply to the complaint.