(1.) RULE .
(2.) RULE made returnable forthwith. With consent of the learned counsel for the Parties, matter is taken up for final hearing immediately.
(3.) RESPONDENT No.2 Insurance Company filed written statement Exhibit 21. In paragraph 2 of the Written Statement, the respondent no.2 contended that the insurance policy was issued in the name of opponent no.1 in respect of Bajaj Scooter Model Super of 1995. The said policy was issued on the basis of engine and chassis number and, therefore, the respondent no.2 was unable to confirm whether the said insurance policy pertains to vehicle no.MH-10-J/1445 alleged to have been involved in the said accident for want of relevant documents, RC and TC book. Having said so, the insurance company also contended that the insurance policy was issued only in respect of third party risk and the deceased, who was himself driving the vehicle was not covered under the insurance policy.