Single-paragraph order allowing an appellant to produce lost documents and cross-examine a witness in a motor accident claim case, subject to post-hearing arguments.
Leave to produce driving licence and cross-examination of RW.2 allowed as additional evidence; hearing postponed.
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1 C.M.P.No.3401 of 2022
C.M.P. No.3401 of 2022 in C.M.A. No.2265 of 2018
A.A.NAKKIRAN, J.
This petition has been filed to produce (i) Cross examination of RW.2 in MCOP No.24 of 2021 (ii) copy of the driving licence of the petitioner's husband (Mylsamy) as additional evidence in this Civil Miscellaneous Appeal and pass such orders accordingly.
2.Ms.J. Lavanya, the learned counsel for the appellants would submit that the Civil Miscellaneous Appeal has been filed against the dismissal order dated 11.08.2017 in MCOP No.25 of 2012 on the file of the Motor Accident claims Tribunal/IIIrd Additional District Judge, Gobichettipalayam. At the time of the accident, the driving licence of the petitioner's husband was not able to produce before the Trial Court as it was lost. As a result, the Trial court held that the petitioner's husband did not have valid driving licence at the time of the accident and rejected the claim of the petitioner herein. Further, in the Cross examination of P.W.2, he has produced the records showing that the petitioner's husband has valid driving licence at the time of the accident. Hence, the petitioner may be allowed to produce the documents as prayed in the petition.
A.A.NAKKIRAN,
1 C.M.P.No.3401 of 2022
J.
Lbm
materials available on record.
being satisfied with the reasons stated in the affidavit filed in support of the petitioner, this Court is inclined to allow the petition and accordingly, this petition is allowed.
23.12.2022
lbm
C.M.P. No.3401 of 2022 and C.M.A. No.2265 of 2018
1 issue framed by the court
Whether to grant the petitioner leave to produce lost documents and secure cross-examination of a witness as additional evidence in an industrial dispute regarding a motor accident claim.
Petitioner
Respondent
A.A.NAKKIRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
