Judgment:
ORDER
1. Special leave granted.
2. Heard counsel.
3. This Court had by an order dated 21-7-1995 directed the New India Assurance Company Limited, Bombay, to produce a copy of Policy No. 44392 in respect of the 1975 model Tourist Bus No. UPO 2545, which, it was stated, was valid up to 1-10-1995. Even though more than six months have expired, neither has the policy been produced nor has any responsible officer of the Bombay office filed an affidavit explaining why the policy has not been produced. In such circumstances it would be legitimate for the Court to raise an adverse inference.
4. However, we find that the appellate court disposed of the appeal on the limited ground of inordinate delay. The reason for the delay was sought to be explained by the appellant by pointing out that the appellant was desperately trying to secure a copy of the Insurance Policy but had not been successful and hence the delay had taken place. It was important for the appellant to produce the copy if it was available as it had a significant bearing on the question of meeting the requirement of payment of compensation amount to the injured person. We think that having regard to the facts and circumstances of this case, the High Court ought not to have taken a strict view of the matter because the delay was not deliberate and there was nothing on the record to show that the appellant had acquiesced in the matter. Instead we find that the appellant was making efforts to secure a copy of the Insurance Policy which would indicate that he was keen to prosecute the matter. In the circumstances, we allow this appeal, set aside the order of the High Court and direct that the appeal be admitted and be heard on merits. There will be no order as to costs. The matter deserves to be expedited.