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(b) of sub-rule (1) of Rule 27.

23.1 This court with respect to the applications (Application no. 813/2018 in S.B.CMA 3371/2017, Application no. 814/2018 in S.B.CMA 3372/2017 and Application no. 815/2018 in S.B.CMA 3367/2017) filed by the insurance company, finds that the reasons stated by the insurance company to show its inability to produce [2024:RJ-JD:42011] (19 of 33) [CMA-2666/2017] certified copies site plan, site inspection memo and the photographs of the spot are not tenable inasmuch as these documents could not have been said to be such that insurance company was not aware about these or could not produce them even after exercising due diligence as these documents are of such nature that any insurance company would be equipped with the resources to procure them. Also, the applications filed by the insurance company do not state any reason for its faliure to produce these documents before the learned tribunal except the reason that it could not produce these documents inadvertently. Thus, the insurance company has not been able to make out a case for allowing these applications as provided under Order 41 Rule 27, CPC, therefore, this court is of the view that these applications cannot be allowed. Accordingly, the applications (Application no. 813/2018 in S.B.CMA 3371/2017, Application no. 814/2018 in S.B.CMA 3372/2017 and Application no. 815/2018 in S.B.CMA 3367/2017) as filed by the insurance company are rejected.

23.2 Now as far as the application no. 1754/2017 in S.B. CMA No.3371/2017 as filed by the claimants-2 is concerned this court finds force in the contention of the counsel appearing on behalf of the claimants-2 that the claimants-2 were not able to procure the Income tax return for assessment year 2012-13 (Intimation under Section 143(1) of the Income Tax Act, 1961) as a grieving family, which was mourning the loss of their bread winner, cannot be expected to be in a position so as to collect or procure these documents. Further, this court is of the view that in the interest of justice the application can be allowed to determine 'just [2024:RJ-JD:42011] (20 of 33) [CMA-2666/2017] compensation' that should be awarded to the claimants-2 looking to the beneficial nature of the Act. Thus, application no. 1754/2017 in S.B. CMA No.3371/2017 as filed by the claimants-2 to bring on record the Income tax return for assessment year 2012-13 (Intimation under Section 143(1) of the Income Tax Act, 1961) is allowed.