IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE MISC. PETITION No. 5653 of 2022 DWARIKA PRASAD GOLE AND OTHERS Versus SOBRAN SINGH AND OTHERS ---------------------------------------------------------------------------------------

Appearance:

Shri Raju Sharma, learned counsel and Smt. Meena Singhal, learned counsel for the petitioner.

Shri Ram Vilas Sharma, learned counsel for the respondent No.2.

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Reserved on : 24/02/2025 Delivered on : 04/03/2025 -------------------------------------------------------------------------------------

This petition having been heard and reserved for orders, comiing on for pronouncement this day, the Hon'ble Shri Justice Milind Ramesh Phadke pronounced/passed the following:

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ORDER

The present petition under Article 227 of the Constitution of India is preferred by the claimants challenging the order dated 20.10.2022 passed by Member of First Additional Motor Accident Claims Tribunal, Gwalior in claim case No.275/2017(Dwarika Prasad Vs. Sobran Singh & Ors.), whereby the Tribunal has dismissed the application filed by the petitioners for calling the original record of the cover note No.175362 and 475362 filed by the respondent No.2 Insurance company, which contained the photo copies of the cover note/insurance policy etc. The petitioners are further aggrieved by the order, whereby the application preferred by the respondent No.2 for getting the attested copies of the insurance policy and premium collection receipt exhibited by the witness of the respondent No.2/Insurance Company, was allowed.

2. Short facts of the case are that a claim petition was filed by the petitioners for death of wife of petitioner No.1 and mother of petitioners No. 2 to 5, who due to injuries sustained in the motor vehicle accident on 11.09.2015 during treatment succumbed to the injuries and had died.

3. A dehati nalishi was recorded by Police Station Gohad Chauraha at the instance of petitioner No.2-Roop Singh and thereafter police had lodged formal first information report vide Crime No.223/2015 under Section 279, 337 of IPC and later on Section 304- A of IPC was added. After investigation, charge-sheet was filed by the police before the Judicial Magistrate First Class, Gohad District Bhind.

4. For claiming compensation the petitioners moved a claim petition under Motor Vehicle Act, 1988, which was registered as claim case No.275/2015. On 17.10.2022 an application under Section 169 of the Motor Vehicles Act was filed by the petitioners, in which it was prayed that the respondent No.2/Insurance Company has filed the copies of cover note 175362 and 475362 but the original copies of the said cover notes or the Insurance Policies and other insurance related documents had not been filed and in absence of the originals the photo copies cannot be taken on record, therefore, respondent No.2/Insurance Company be directed to produce the original record.

5. On the same date i.e. 17.10.2022 respondent No.2/Insurance Company also filed an application under Section 169 of the Motor Vehicles Act, in which it was prayed that the respondent No.2/Insurance Company may be allowed to bring on record the attested copies of the insurance policy and premium collection receipt in the evidence of its witness and get them exhibited. Reply and counter reply to the aforesaid applications were filed by the parties and after due consideration the learned Tribunal dismissed the application preferred by the petitioners and allowed that of respondent No.2/Insurance Company, thus, aggrieved the present petition has been filed.

6. Learned counsel for the petitioner while placing reliance in the matter of Anvar P.V. Vs. P.K. Basheer and others reported in (2014)10 SCC 473; has argued before this Court that any documentary evidence by way of an electronic reco