CM APPL. 934/2023 (application to place the additional evidence on
record)
1. The appeal arises out of the judgment and award dated
17.08.2022 (hereafter ‘impugned award’) passed by the learned
Motor Accidents Claims Tribunal in MACT No. 72/2019 and MACT
No. 714/2022, whereby the learned Tribunal granted the right of
recovery to the insurer — United India Assurance Co. Ltd. — against
the driver and owner of the offending vehicle.
2. The present application has been filed by the appellants under
Order XLI Rule 27 of the Code of Civil Procedure, 1908 (‘CPC’)
seeking to place on record training certificates of Appellant No.
2/driver required for plying hazardous goods vehicle required under
Rule 9 of the Central Motor Vehicle Rules, 1989 (‘MV Rules’). The
appellants further pray to place on record the affidavits of the
appellants to the effect that at the time of the accident the offending oil
tanker was not carrying any hazardous substance.