SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1997 Supreme(HP) 304

M.SRINIVASAN, A.L.VAIDYA
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
SAUJI – Respondent


Advocates Appeared:
For the Appellant:Mr. Ramakant Sharma, Advocate. For the Reipondenti:Mr. K.D.Sood, Advocate, Mr. Bhupinder Gupta, Mr. Ajay Goel, Advocates.

JUDGMENT

M.Srinlvaian, C. J.: These appeals are by the insurance company. The claim of the insurance company is that its liability is limited to Rs. 15,000 per passenger in the event of one accident. Though this plea is taken in the reply filed to the claim petition, the appellant has not chosen to examine any of its officials as witness. It has only produced in the court below a document which is marked as RW-2/A. It was tendered by the counsel for the appellant herein but not spoken to by any witness. The Court ought not to have taken the document filed as exhibit when it was not spoken to by any witnesses. Justice because a document was tendered by the counsel it cannot be marked as exhibit.

2. Secondly, the document is incomplete. It ii only one page of the risk note issued by the appellant company which has been produced as document. Such a mutilated document cannot be marked in evidence even if a witness produces it.

3. Thirdly, it is only a xerox copy of the risk note. According to the learned counsel for the appellant the original was with the owner of the vehicle. Then some evidence should have been adduced before the court to satisfy the requirements of section 65 of the Evi






Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top