Case: Rampal Singh Vs. Rias Ahmad Ansari and Others

4. Rais Ahmad Ansari, respondent 1 herein, instituted a Motor Accident Claim No. 15 of 1986 on the file for the Motor Accident Claims Tribunal (VI Additional District Judge) Kanpur Dehat, for compensation for the personal injuries suffered by him in an accident that occurred on December 28, 1985 involving appellants truck UP 2488. The proceedings culminated in an award in the sum of Rs. 30, 000 in favour of the injured Rais Ahmad Ansari. The Tribunal, owing to a lapse on the part of the appellant in producing the requisite documentary evidence to sustain his claim for indemnity from the insurer, declined to make the award against the insurer and confined the award against appellant alone5. The appeal preferred by the appellant in the High Court on the question as to the liability of the insurer was also unsuccessful, the High Court having declined to fasten liability on the insurer for lack of evidence as to the subsistence of the benefit of a policy of insurance covering the risk

Reasoning: 6. Before this Court, appellant in an effort to improve the fortunes of his case, has sought to produce by way of additional evidence the Policy of Insurance and the other material supporting his claim for indemnity. Sri Sabharwal, learned counsel for the insurer, in all fairness, had the additional documents examined by the insurer and has submitted that upon a consideration the material now furnished by the appellant the insurer accepts its liability to indemnify the appellant. We permit the additional evidence to be tendered in this appeal. The insurer also seeks to tender a bank draft for the sum of Rs. 30, 000, representing the sum awarded by the Tribunal