MD.HYDER ALI Vs. LAXMI DEVI

JUDGEMENT

(1.) . In terms of the order dated 21.12.2000, we are disposing of this appeal at this stage itself.

(2.) A short question is involved in this appeal and that relates to the extent of the liability of the Insurance Company, i.e. respondent No. 7 in this appeal. The Tribunal held, while passing the Award that the Insurance Company was liable to a limited extent, i.e., Rs. 50,000/ -, because the Insurance Company had raised a specific plea to that effect in the written statement. The learned Single Judge, while disposing of the appeal by the judgment impugned before us, concurred with the Tribunal up -holding the aforesaid finding that the Insurance Company was liable to pay the limited amount of Rs. 50,000/ - only.

(3.) MR . Alok Lal, learned counsel for the Insurance Company has very vehemently argued that his client was liable only to pay Rs. 50,000 because of its limited liability and that the onus to prove and establish that the Insurance Company has un -limited liability lay upon the owner of the vehicle, i.e. the appellant before us. He also urged that alternatively we should grant permission to his client in terms of Order XLI, Rule 27 of the Civil Procedure Code to produce in evidence a copy of the Insurance Policy at this stage of the proceedings.