NATIONAL INSURANCE COMPANY LTD. Vs. SURESH KUMAR SHARMA

JUDGEMENT

(1.) THIS is an application filed by the appellants for permitting them to lead additional evidence. Prayer made in this case is that, the report of the surveyor Sh. S. Duggal may be placed on record for being read in evidence on behalf of the appellants. Reason for its non -production during the course of proceedings before the District Forum below given is that, though the entire case file had been handed over to the learned counsel for doing the needful, but for reason best known to him, (the learned counsel), did not file the said report.

(2.) IT is further admitted case of the appellants that they were in the know of fact that the surveyors report is a material document in order to sustain its defence in this case. It is further not the case of the appellants that they made an attempt to produce this document, during the course of complaint which was declined, and or after due diligence, they were not in the know of it. So far we are concerned, we feel that for the disposal of the appeal material already on the complaint file is enough.

(3.) EVEN after taking a very liberal view in the whole issue, we find that in case the surveyors report had not been filed as is now urged, as a prudent litigant what steps were taken by the appellants to enquire from their learned counsel, as to what documents have been filed and the officer who signed the reply to the complaint also did ensure that the surveyors report was filed or not. Mere handing over of the file was not enough in our opinion to it learned counsel by the appellants. As litigants it is also the duty of the appellants to ensure that they keep themselves posted of all the day -to -day developments by contacting their counsel.