( 1 ) FIRST Appeal Nos. 415 of 1987 and 418 of 1987 are taken up for hearing along with Civil Application Nos. 505 of 1987 and 509 of 1987. In each of the First Appeals, an application under Order XLI, Rule 27 of the Code of Civil Procedure, 1908 (hereinafter referred to the Code for short) has been filed along with a copy of the policy with a submission that the said policy be taken on record as additional evidence.

( 2 ) THE short facts necessary for disposal of the applications and the appeals are that on 6th October, 1981, on Ambaji _ Khedbrahma road, near Chhikhla-Ghatri, an accident took place between a private matador bearing Registration No. GJU-8335 insured by respondent No. 7- United India Insurance Company Limited and a private jeep car bearing Registration No. GJU-5117, said to be insured by the appellant-Insurance Company. The persons travelling in the vehicles had filed their claim petitions on the ground that the driver of each of the vehicles was rash and negligent, that the accident was a result of irrational driving and that the passengers were carried either in the matador, so also in the jeep car, for payment of hire and reward. As many as ten cla