IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1544 of 2013 With CIVIL APPLICATION (FOR PRODUCTION OF ADDITIONAL EVIDENCES) NO. 1 of 2018 In R/FIRST APPEAL NO. 1544 of 2013 With CIVIL APPLICATION (FOR DIRECTION) NO. 2 of 2018 In CIVIL APPLICATION (FOR PRODUCTION OF ADDITIONAL EVIDENCES) NO. 1 of 2018 In R/FIRST APPEAL NO. 1544 of 2013 ==========================================================

NEW INDIA ASSURANCE CO. LTD.

Versus KASHMIRSING NAZARSING JAT & ORS.

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Appearance:

MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1 DELETED for the Defendant(s) No. 2.5,2.6 MOHAMADZAID I SAIYED(8411) for the Defendant(s) No.

2.1,2.2,2.3,2.4 MR. SOEB R. BHOHARIA(2205) for the Defendant(s) No. 1 VALIMOHAMMED PATHAN(6383) for the Defendant(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA Date : 16/09/2025

ORAL ORDER

1. The present Civil Applications are preferred with an attempt to adduce additional evidence with a view to demonstrate as to whether the driver had license to drive the vehicle, categorized as heavy goods vehicle. In the first instance a Civil Application no.1060 of 2018 in First Appeal no.1544 of 2013 was preferred. The said application is dated 18.01.2018 with a supporting affidavit dated 18.01.2018. The prayer clause therein is as follows:

(A) THIS HONOURABLE COURT MAY BE PLEASED TO grant present application and thereby be pleased to permit the document mentioned hereinabove at Annexure "A" to be brought on record of the First Appeal No. 1544/2013 in the interest of justice.

(B) THIS HONOURABLE COURT MAYA BE PLEASED TO fix matter for urgent Final Hearing.

(C) THIS HONOURABLE COURT MAY BE PLEASED TO grant such other and further relief/s as may be deemed fit, just and proper.

2. This Court, vide order dated 02.07.2018, passed the following order:

Rule, returnable on 24.7.2018. Mr.S.R. Bhoharia, learned advocate waives service notice of rule for respondent No.1 as well as Mr.M.I. Mansuri, learned advocate waives service of notice of rule for respondent Nos.2.1 to 2.4.

Both the sides are at liberty to file reply to such application.

However, thereafter on 10.04.2019, this Court was pleased to observe vide order dated 10.04.2019, that the Civil Application will be decided along with the main Appeal. The said order is quoted hereinbelow for the ease of reference:

ORDER IN CIVIL APPLICATION NO.1 of 2019 Learned advocate for the applicant has submitted that if the First Appeal No.1544 of 2013 would be fixed for final hearing, he is ready and willing to withdraw this application.

Learned advocates for the other side have no objection if the appeal is fixed for final hearing.

As the appeal is fixed for final hearing, this civil application stands disposed of as withdrawn.

ORDER IN CIVIL APPLICATION NO.1 of 2018 with CIVIL APPLICATION NO.2 of 2018 Both these civil applications shall be decided at the time of final hearing of the First Appeal No.1544 of 2013.

ORDER IN APPEAL On a joint request made by learned advocates for the respective parties, this appeal being First Appeal No.1544 of 2013 be placed for final hearing by the Registry on 02.05.2019.

3. Subsequently however, vide order dated 20.12.2019, this Court was pleased to record that the verification certificate and driving license of the driver be sent to RTO, Gurdaspur, Punjab for verification and report for ascertaining its genuineness. The order dated 20.12.2019 is quoted hereinbelow for the ease of reference:

1. Heard Mr. Vibhuti Nanavati, learned advocate for the Insurance Company and Mr. OF GUJARAT Saiyad, learned advocate for the claimants and Mr. Pathan, learned advocate for the driver and owner.

2. During the course of arguments, it is agreed between the parties that verification certificate issued by the District Transport Office, Gurudaspur, Punjab and the driving license of the driver and owner produced along-with Civil No. 1 of 2018 and the Application cer