SUDHIR BHUIYA Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This applicationunder Article 227 of the Constitution of India is at the instance of an applicant under section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') and is directed against the Order No. 26 dated 8.1.2004 passed by the learned Judge, Motor Accidents Claims Tribunal, 2nd Court, Burdwan in M.A.C. Case No. 65/376 of 2002 thereby rejecting an application filed by the petitioner for marking three different documents as exhibits without calling any witness to prove those documents.

(2.) In the said proceedings under the Act, the petitioner filed an application on 24.5.2004 praying for admitting a 'disablement certificate' issued by the Department of Orthopaedic, R.G. Kar Medical College and Hospital, Calcutta, a 'discharge certificate' issued by Durgapur Steel Plant Hospital and a 'medical bill' issued by Durgapur Steel Authority of India without calling any witness. According to the petitioner, those documents were public documents and as such, those could be marked as exhibits without proving those documents in accordance with Evidence Act.

(3.) The learned Tribunal by the order impugned has rejected such application.