The only question involved in these Letters Patent Appeals is, whether a copy of Insurance Policy produced by the insurer along with the returns could be excluded from consideration by the Motor Vehicle Accidents Tribunal (for short the Tribunal) while determining the extent of liability on the ground that it had not laid the foundation for reception of secondary evidence in accordance with the provisions of the Evidence Act? This question has arisen because the Tribunal excluded attested copy of Insurance Policy produced by the insurer on the ground that there was non-compliance of Order 11, Rules 12 and 14 of the Code of Civil Procedure and Section 65(a) of the Evidence Act.

The 1st appellate Court reversed this finding and answered the question as follows :-

"In the present case, it goes without saying that appellant-company had pleaded its limited liability and had discharged its obligation of placing a copy of Insurance Police on record. No objection was raised casting any cloud on the genuineness, existence 0r admissibility of the copy. Therefore, it was not for the Company to make out a case for production of secondary evidence and to prove the contents of copy. Nor could the

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