MACA/384/2019
2021 Latest Caselaw 251 Ori

                                       MACA No. 384 of 2019
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                                            I.A.No 733 of 2019
07.   07.01.2021               MACA No. 384 of 2019 and MACA No 274 of 2019
                   were heard analogously and reserved for judgment.
                               This I.A was taken up through Video Conferencing
                   Mode due to COVID-19 Pandemic.
                               This I.A has been filed by the Appellant- Insurance
                   Company under Order 41, Rule 27 of the Code of Civil
                   Procedure alongwith a photostat copy of the extract of the
                   driving licence of one Gajanan Jadhav S/o Tukaram Jadhav,
                   with prayer to accept the document as additional evidence.
                               In this appeal, the claimants- respondents No 1 to
                   6 have appeared suo motu through counsel . The respondent
                   no. 7 - owner has not appeared in this appeal nor has notice
                   been issued to him .The learned counsel for the claimant-
                   respondents has neither filed any objection nor raised any oral
                   objection for accepting the document as additional evidence .
                               The document filed      with the I.A is a Photostat
                   copy of extract of the driving licence issued to Gajanan Jadhav
                   ,S/o Tukaram Jadhav by the R.T.O Aurangbad . It indicates
                   that Gajanan Yadhav is authorized to drive Non transport
                   vehicle from 07.01.2013 to 06.01.2033 and Transport Vehicle
                   from 16.01.2018 to 15.01.2021.
                               From this it is apparent that on the date of
                   accident, i.e 18.10.2017, the accused driver of the offending
                   truck bearing registration number MH-21-X-6799, was not
                   authorized a transport vehicle.
                               However, this document cannot be accepted as
                   additional evidence as it is not the original driving licence nor a
                   certified copy of the driving licence and in the absence of the
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                   respondent - owner . But this Court can take note of the said
                   document and grant liberty to proceed against the owner.
                              The I.A is accordingly disposed of.
                              As restrictions are continuing due to COVID-19
                   pandemic, learned counsel for the petitioner may utilize the
                   soft copy of this order available in the High Court's official
                   website or print out thereof at par with certified copies in the
                   manner   prescribed,    vide   Court's   Notice   No.4587   dated
                   25.03.2020.


                                                        .............................
                                                         Savitri Ratho, J.

MACA No. 384 of 2019

08. 07.01.2021 In view of the common order passed today in MACA No.274 of 2019, this MACA is disposed of.

............................. Savitri Ratho, J.

Sukanta