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https://advocatemmmohan.com/2018/11/18/mere-non-marking-of-documents-as-exibits-is-only-procedural-lapse-not-fatal-first-the-appellants-had-adduced-sufficient-evidence-to-prove-the-accident-and-the-rash-and-negligent-driv/
mere non marking of documents as Exibits is only procedural lapse not fatal = First, the appellants had adduced sufficient evidence to prove the accident and the rash and negligent driving of the driver of the offending vehicle, which resulted in death of Rajendra Prasad. 27. Second, the appellants filed material documents to prove the factum of the accident and the persons involved therein. 28. Third, the documents clearly established the identity of the Truck involved in the accident, the identity of the driver driving the truck, the identity of the owner of the Truck, the name of the insurer of the offending Truck, the period of coverage of insurance of the Truck, the details of the lodging of 13 FIR in the concerned police station in relation to the accident. 29. In our view, what more documents could be filed than the documents filed by the appellants to prove the factum of the accident and the persons involved therein. 30. Fourth, so far as the driver and owner of the Truck were concerned, both remained ex parte since inception and, therefore, neither contested the appellants’ claim petition nor entered into the witness box to rebut the allegations of the appellants made in the claim petition and the evidence. An adverse inference against both could be drawn. 31. Fifth, so far as the Insurance Company is concerned, they also did not examine any witness to rebut the appellants’ evidence. The Insurance Company could have adduced evidence by 14 examining the driver of the offending Truck as their witness but it was not done. 32. Sixth, on the other hand, the appellants examined three witnesses and thereby discharged their initial burden to prove the case. 33. Seventh, if the Court did not exhibit the documents despite the appellants referring them at the time of recording evidence then in such event, the appellants cannot be denied of their right to claim the compensation on such ground. In our opinion, it was nothing but a procedural lapse, which could not be made basis to reject the claim petition. It was more so when the appellants adduced oral and documentary evidence to prove their case and the respondents did nothing to counter them