M/S National Insurance Co Ltd Kolkata Br Ahmednagar v. Kailas Madhukar Jagtap And ORS

941ca10093&1007 6-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10093 OF 2015 IN FA/2136/2015 M/S NATIONAL INSURANCE CO LTD KOLKATA BR AHMEDNAGAR

VERSUS

KAILAS MADHUKAR JAGTAP AND ORS WITH CIVIL APPLICATION NO. 10076 OF 2015 IN FA/2134/2015 M/S NATIONAL INSURANCE CO LTD KOLKATA BR AHMEDNAGAR

VERSUS

SWATI BAPU PAWAR AND ORS ...

Mr Upadhye Vinayak Narayan, Advocate for ApplicantS Mr. N. C. Garud Advocate for Respondent Nos. 1 to 3 Mr. Navin S. Shah h/for Mr. K. N. Lokhande, Advocate for respondent No.5,

CORAM

: Y. G. KHOBRAGADE, J.

DATE : 24th April, 2024 ORDER:

1.

Heard the learned Advocates appearing for both sides at length.

2.

By the present applications, the appellant/original respondent Insurance company prayed as under:

"to grant order to press into service the documents such as Police statements recorded during the course of investigation as required under order 41 Rule 27 of the Civil Procedure code, on such term and conditions as this Court may deem fit and proper".

941ca10093&1007 6-15 3.

During the course of argument, the learned counsel for the Insurance company fairly stated that the statements recorded by the police under section 161 of the Criminal Procedure Code were produced by Claimants, however, the said documents not been considered by the learned Motor Accident Claims Tribunal while passing the impugned judgment and award, therefore, prayed for permission to rely on the said documents.

4.

It is needless to say that the documents which have been proved and exhibited during the course of trial can be relied on by either of the parties even before the Appellate Court and permission under Order 41 Rule 27 of the Civil Procedure Code is not required. 5.

The civil applications are accordingly disposed off. ( Y. G. KHOBRAGADE, J. ) JPChavan