KARNATAKA HIGH COURT
R.DEVDAS, K V ARAVIND, JJ
THE REGIONAL MANAGER RELIANCE GENERAL INSURANCE COMPANY LTD. – Appellant
Versus
KALLAPPA @ KALMESH S/O BASAPPA HAVADI – Respondent
| Table of Content |
|---|
| 1. introduction of additional evidence requires proper protocols. (Para 1) |
| 2. court noted the need for fairness in evidentiary hearings. (Para 2 , 3) |
| 3. case remanded for expedited proceedings. (Para 4 , 5) |
(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)
Although we heard the learned counsels for the appellant-Insurance Company and the appellant-claimant in the two appeals, nevertheless, we find that the insurance company has filed an application in I.A.No.1/2022 seeking to bring on record the additional documents, namely a permit issued by the Deputy Commissioner for Transport, Belagavi. It is sought to be contended at the hands of the learned counsel for the insurance company that permit was taken by the owner of the vehicle after the accident and the permit is valid from 04.03.2016 to 03.03.2021, while the accident occurred on
07.12.2015.
2. However, we are of the considered opinion that unless the document is put to the owner of the vehicle, it cannot be admitted in evidence, at this stage.
3. Consequently, we dispose of both the appeals while remanding the matter back to the Tribunal to HC-KAR re-open the case and permit the insurance company to tender the additional document
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