BARIYAM SINGH Vs. SMT. INDRA PANDEY AND OTHERS

JUDGEMENT

(1.) This appeal has been filed by the appellant/owner under Section 173 of the Motor Vehicles Act 1988, against the award dated 10.09.2010 passed by 2nd M.A.C.T., Shahdol in Claim Case No.09/09.

(2.) It is not in dispute that offending bus bearing registration No. MP 18/6945 is insured by the respondent no.4. On the date of accident i.e. on 19.3.2002, the respondent no.1 was driver and the appellant was owner of the aforesaid bus.

(3.) The appellant has challenged the findings of learned Tribunal, whereby the respondent no.4/Insurance Company was exonerated from the liability to pay compensation in favour of the respondents no.1 and 2. It is claimed by the appellant that all the necessary documents like permit, fitness certificate and registration papers were handed over to the counsel appearing on behalf of the appellant but he failed to exhibit the same before learned Tribunal. Hence, the appellant wants to produce fitness certificate, permit and inquest report as additional documents. Therefore, he has filed an application under Order 41 Rule 27 of the CPC i.e. I.A. No.12078/2010.