New India Insurance Co. Ltd. v. Minakshee Gokuldas Gosavi And Others

2025:BHC-AUG:20989 25-16-CA.odt {1}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.25 OF 2016 IN FA/1271/2019 The New India Insurance Co. Ltd.

Versus

Minakshee Gokuldas Gosavi ......

Mr. S.R. Bodade, Advocate for Applicant Mr. R.B. Dhakane, Advocate for Respondents No.1 to 4 ......

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 24 JULY 2025 PRONOUNCED ON : 07 AUGUST 2025 PER COURT :- 1.

The present civil application is filed for the production of a document with a prayer to accept the same may be accepted as additional evidence.

2.

Heard. Perused the application and its annexures. 3.

None of the contingencies required under Order 41 Rule 27 of the Code of Civil Procedure have been specifically made out in the application to justify leading additional evidence at this stage. No explanation has been provided as to why, in spite of a photocopy of the driving licence (Exhibit 37) of the offending truck being filed by the original claimants, it was not questioned by the appellant/insurance company before the Tribunal. Therefore, the civil application is rejected. ABHAY S. WAGHWASE, JUDGE S P Rane