Chatha Service Station vs Lalmati Devi 2025 INSC 468 - Motor Accident Compensation - Order XLI Rule 27 CPC
Motor Accident Compensation - It is incumbent on the Court/Tribunal considering a case of a licensee driving another type of vehicle, for which he has not obtained a licence, to take a decision as to whether this fact was the main or contributory cause of negligence- This factum of absence of licence to drive another type of vehicle is inconsequential if that is not the main or contributory cause of accident- Referred to National Insurance Co. Ltd vs. Swaran Singh (2004) 3 SCC 297. (Para 15)
Code of Civil Procedure 1908 - Order XLI Rule 27 - Only if there is a satisfactory explanation for the non-production before the original court, i.e. despite exercise of due diligence or the same was not within the knowledge of the party or it could not be produced despite exercise of due diligence, could there be an acceptance of the document at the appellate stage. (Para 18)
