1 ( 2025:HHC:41131 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA FAO No. 21 of 2022 a/w FAO No. 302 of 2021 Decided on: 01.12.2025 (1) FAO No. 21 of 2022 Yogesh Kumar ....Appellant Versus OIC Ltd. & Anr. .…Respondents (2) FAO No. 302 of 2021 Yog Raj Jamwal ....Appellant Versus Yogesh Kumar & Anr. .…Respondents Coram The Hon’ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting?1 _______________________________________________ For the appellant(s) : Mr. G.R. Palsra, Advocate, for the appellant in FAO No. 21/2022. Mr. H.S. Rangra, Advocate, for the appellant in FAO No. 302/2021. For the respondents : Mr. Ramakant Sharma, Advocate, for respondent No. 1 in FAO No. 21/2022. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 ( 2025:HHC:41131 Mr. H.S. Rangra, Advocate, for respondent No. 2 in FAO No. 21/2022 Mr. G.R. Palsra, Advocate, for respondent No. 2 in FAO No. 302/2021. Sushil Kukreja, Judge (Oral) CMP No. 2293/2022 in FAO No. 21 of 2022 The present application under Order 41, Rule 27 of CPC has been filed by the applicant for production of copy of Insurance Policy stated to be valid w.e.f. 25.06.2014 to 24.06.2015. 2. It has been mentioned in the application that the applicant came to know after decision of the claim petition that liability of entire compensation amount was fastened upon him and copy of Insurance Policy could not be produced before the learned Tribunal below due to oversight and inadvertence. 3. Reply to the application has been filed, wherein, contents of the application are denied and dismissal of the same has been prayed. 3 ( 2025:HHC:41131 4. I have heard the learned counsel for the parties and have also gone through the records of the case. 5. Having regard to the averments made in the application and also after going through the copy of Insurance Policy, annexed with the application as Annexure A-1, prima facie, it appears that offending vehicle in question was duly insured at the time of accident. i.e. on 12.01.2015, with the Oriental Insurance Company Limited, as the Insurance Policy was valid w.e.f. 25.06.2014 to 24.06.2015. Hence, in the interest of justice, the application is allowed and copy of Insurance Policy, annexed with the application as Annexure A- 1, is ordered to be placed on record. The application stands disposed of. FAO No. 21 of 2022 & FAO No. 302 of 2021 The owner has filed the appeal (FAO No. 21 of 2022) on the ground that the vehicle in question was duly insured at the time of accident with the Oriental Insurance Company Limited and the same was valid w.e.f. 25.06.2014 to 24.06.2015, but despite that the liability to pay compensation was fastened upon him. Whereas, the claimant has filed the appeal (FAO No. 302 of 2021) on the 4 ( 2025:HHC:41131 ground that income of the injured was assessed on much lower side, as the learned Tribunal below had failed to take into consideration agricultural income as well as income of the injured from other sources. 2. After hearing the learned counsel for the parties and after going through the records, this Court finds that since the application for placing on record the copy of Insurance Policy has been allowed and Insurance Policy, which was valid w.e.f. 25.06.2014 to 24.06.2015, had been ordered to be placed on record, therefore, it would be in the interest of justice, if both the appeals are remanded back to the learned Tribunal below for its decision afresh in accordance with law. 3. Accordingly, impugned award, dated 23.11.2021 is set aside and both the appeals are remanded back to the learned Tribunal below to decide the same afresh, in accordance with law, after giving reasonable opportunity of being heard to the parties and to lead evidence. It is made clear that not more than two opportunities shall be given to the parties concerned to lead evidence. 5 ( 2025:HHC:41131 4. The parties are directed to appear before the learned Tribunal below on 02.01.2026. 5. Needless to state that since the claim petition pertains to the year 2015, learned Tribunal below is directed to decide the same as expeditiously as possible and in any event not later than 30.06.2026. 6. The appeals, so also pending application(s), if any, stand disposed of. Records be sent back forthwith. ( Sushil Kukreja ) December 01, 2025 Judge (raman)