INSURANCE COMPANY LIMITED Vs. SEETA DEVI AND OTHERS

JUDGEMENT

(1.) By way of this order, I intend to dispose of FAO Nos.5581 and 5582 of 2012 as common questions of law and fact are involved for adjudication. For the sake of convenience, facts are taken from FAO No.5581 of 2012.

(2.) The insurance company is in appeal to assail findings of the Tribunal on Issues No.3 and 4, namely:-

(3.) Counsel for the appellant has submitted that report Ex.R3 was received from the concerned transport authority in regard to driving licence bearing No.B-52249 possessed by Babu Singh, driver of the alleged offending vehicle and as per the report, driving licence Ex.R2 was not issued by the said authority. It is further submitted that an application has been filed by the appellant under Order 41, Rule 27 read with Section 151 of the Code of Civil Procedure (in short 'CPC') for additional evidence to summon the concerned official of Regional Transport Authority, Cuttack, Orissa along with records pertaining to driving licence Ex.R2. As additional evidence could not be adduced by the appellant despite exercise of due diligence, the insurance company may be permitted to examine concerned official along with relevant records.