Back
NUPUR BHATI
Oriental Insurance Company Ltd. , Through Senior Divisional Manager – Appellant
Versus
Siyaram, S/o. Sohan Lal – Respondent
JUDGMENT :
1. Though the matter has been listed in the ‘Orders Category’, however, the matter is being heard today itself with the consent of the counsel for both the parties.
2. The instant writ petition has been preferred under Article 227 of the Constitution of India with the following prayers:-
3. Brief facts of the case are that respondent No.1 Siyaram (minor) through his father filed a claim petition (Annexure-1) under Section 166 along with Section 140 of the Motor Vehicles Act, 1988 against Respondent No.2 to 4 including the Petitioner Oriental Insurance Company before Motor Accident Claims Tribunal, Tonk thereby claiming compensation in respect of the injuries received by the Respondent No.1 in the a
The main legal point established in the judgment is that the party seeking to admit secondary evidence must establish the non-production of the original document as required under the Indian Evidence....
Documents presented as secondary evidence must satisfy foundational requirements and cannot be admitted without proper explanation for the non-production of originals.
Secondary evidence requires cogent evidence of document loss; mere assertions do not suffice under Section 65 of the Indian Evidence Act.
The main legal point established is that for a document to be admissible as secondary evidence under Section 65 of the Evidence Act, it must meet the specified requirements, including being a certifi....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
