JUDGMENT :

M. Srinivasan, J.

1. 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 witness. Just because a document was tendered by the counsel it cannot be marked as exhibit.

2. Secondly, the document is incomplete. It is 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 Eviden