15 FA 725-2022.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.3274 OF 2026 IN FIRST APPEAL NO. 725 OF 2022 National Insurance Co. Ltd., Branch Office, Nagpur Thr. Regional Manager, Regional Office, Nagpur VERSUS Jija Wd/o Mahadeo Bawane And Others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri C.A. Anthony, Advocate for appellant Shri A.R. Rishi, Advocate for respondents CORAM : PRAVIN S. PATIL, J. DATE : 19.08.2026 1. The appellant by this application seeks permission to produce the additional evidence by invoking the powers under Order 41 Rule 27 of Civil Procedure Code. The document which appellant wants to place on record as additional evidence is the extract of driving license of the offending vehicle in the accident. 2. In the present matter, the appellant has pointed out that as per Section 134 read with Section 158 of the Motor Vehicles Act, it is the duty of the driver in case of accident, when any person is injured as a result of accident in which a motor vehicle is involved, the driver or the owner of the vehicle shall give information in writing to the insurer about 15 FA 725-2022.odt 2 the insurance policy and its validity, date, time and place of accident, particulars of the persons injured, and name of the driver and particulars of his driving license. However, in the present case, this compliance is not made by the owner/driver of the vehicle. 3. The appellant specifically pointed out that this specific ground was raised by Company before the Claims Tribunal. But same was not looked into nor considered by the Tribunal. 4. It is also pointed out from the record that the Form AA, i.e. the details of the accident is available on record as Exhibit 24. The perusal of the said documents shows that the driving license number of the offending vehicle was not specifically stated therein. 5. It is also necessary to note that the respondent claimant has filed the claim petition before the Claims Tribunal on 11.08.2018. Immediately after the receipt of the notice, the appellant Insurance Company appeared in the matter. However, from March 2019 till 2021, there were restrictions due to the surge of COVID-19, and therefore the investigator who normally make investigation on behalf of Company could not investigate in the matter. In the meantime, claim petition was decided finally by the Claims Tribunal by its judgment dated 23.03.2022. 6. It is stated that after the decision of the Claims Tribunal, the investigator on behalf of Company, on 15 FA 725-2022.odt 3 12.05.2022, wrote a letter stating that he received the extract of driving license of the driver, namely Bhim Sen Mahore, from RTO Office, Chhindwara and accordingly, same was submitted to the Branch Manager. 7. In the background of above stated facts, it is clear that the appellant has made out a case under Order 41 Rule 27 (1)(aa) of the Civil Procedure Code. Therefore, the application is allowed. The appellant is permitted to place on record the additional evidence in terms of the letter of the investigator dated 12.05.2022 addressed to the Branch Manager, and copy of driving license of Bhim Sen Mahore, who was the driver of the offending vehicle. 8. List this matter for final hearing on 29.08.2026. (PRAVIN S. PATIL J.) R.S. Sahare Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 20/08/2026 17:18:38