The judgment emphasizes the importance of due diligence and the limited scope of Order XLI Rule 27 of the CPC in allowing the adduction of additional evidence.

1. Challenging here is the legality and propriety of the judgment and award dated 28.01.2017 passed by the learned Motor Accident Claims Tribunal Court No. 1, West Tripura Agartala in connection with the Case No. T.S (MAC) 221 of 2013.

2. Briefly stated, the appellant-Insurance Company was impleaded as opposite party No.2 in T.S. (MAC) 221 of 2013 and it contested the suit. After hearing all the parties, the Tribunal awarded Rs. 59,000/-only along with an interest @ 9 % per annum w.e.f. 27.05.2013 till the date of actual payment. The appellant-Insurance Company being the insurer of the offending vehicle was directed to make payment of the said sum of Rs. 59,000/- along with the interest in terms of the judgment of the Tribunal.

3. The main ground for preferring this present appeal is that the appellant-Insurance Company was not aware about the falsity of the discharge certificate and as such on good faith the company did neither challenge the discharge certificate before the learned Tribunal nor did verify its genuineness. After completion of the proceeding the appellant-Insurance Company through its investigator filed an application under R.T.I. and the State Public Information Officer informed the company that the discharge certificate was not a genuine one.

4. Along with the memorandum of appeal the appellant has also filed an application under Order XLI Rule 27 of the CPC 1908 praying before this Court to accept the copy of the R.T.I. application along with the discharge certificate issued by the Medical Superintendent, Agartala Government Medical College and G.B.P Hospital, Agartala, West Tripura (State Public Information Officer) in favour of one Sri Manir Hossian and copy of the reply dated 20.03.2017 given to the investigator by the State Public Information Officer.

5. Heard Ms. R. Purukayastha, learned counsel who has strenuously argued to accept the application for adducing additional evidence under Order XLI Rule 27 of the CPC, and also Mr. D.C. Roy, learned counsel appearing for the claimant-respondents who vehemently has objected to the said prayer on the ground that the appellant got ample opportunity to defend their case and there was no question of falsity of the discharge certificate produced by the claimant which was under extensive examination of the learned Tribunal.

6. I have perused the grounds taken for accepting the application filed under Order XLI Rule 27. It is contended that the dis-charge certificate which was produced by the claimant-respondent was not genuine and the appellant had proceeded on good faith and for that reason they did neither challenge the discharge certificate nor verify its genuineness. After pronouncement of the judgment the Insurance Company through their investigator obtained a reply from the Superintendent of Agartala Government Medical Collage and G.B.P. Hospital through R.T.I application wherein it was contended that the discharge certificate which the petitioner-claimant had produced before the learned Tribunal was not actually issued in favour of the claimant-respondent No.1 herein but it was issued against someone else.

7. Per contra, Mr. Roy, learned counsel appearing on behalf of the claimant-respondents submits that the discharge certificate was under the extensive scrutiny of the Tribunal and found to be a genuine one. None of the respondents had raised any objection and the Tribunal after being satisfied marked the document as Exbt-6. The accident was admitted by the owner as well as the insurance Company. He further submits that the Tribunal after considering the evidence in regard to the treatment of the injured claimant had awarded compensation for a sum of Rs. 59,000/- along with interest

8. Mr. Roy, learned counsel has invited the attention of this Court to one of the issues framed by learned Tribunal, which is reproduced hereunder as to whether:-

“(1) Did the claimant sustain injury on 04.12.2012 at about 2.30 p.m. at Charilam near Charilam High Sch