Dismissed

Duty Driver, v. The Superintent of police

Madras HC16 Mar 2023CMP(MD)/2232/2022

Case brief

AI extract

What is this about?

This petition by the Duty Driver (2nd Respondent in CMA 483/2020) sought to file three documents as additional evidence. The court held that these documents, though missing from the tribunal award, were already marked as exhibits R.1 to R.3 during proceedings, making the application unnecessary and dismissed it.

What did the court decide?

The application to receive three documents as additional evidence was dismissed as unnecessary since the documents were already marked as exhibits R.1 to R.3.

Duty Driver, Vs The Superintent of police — Motor Accident Claims | Madras HC (2023)

¶1

C.M.P(MD)No.2232 of 2022

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )

¶3

Thursday, the Sixteenth day of March Two Thousand and Twenty Three

¶4

PRESENT

¶5

The Hon`ble Mr.Justice R.VIJAYAKUMAR

¶6

C.M.P(MD)No.2232 of 2022 in C.M.A(MD)No.483 of 2020

¶7

DUTY DRIVER, TATA SUMO TN -63-G-0340 DATED 21.06.2015, SIVAGANGAI DISTRICT POLICE, SIVAGANGAI.

¶8

... PETITIONER/2ND RESPONDENT

¶9

1 THE SUPERINTENT OF POLICE, DISTRICT POLICE OFFICE, SIVAGANGAI DISTRICT.

¶10

2 THE DISTRICT COLLECTOR, SIVAGANGAI DISTRICT. ...RESPONDENTS 1&2/APPELLANTS

¶11

3 K.SELVARAJ ...3RD RESPONDENT/1ST RESPONDENT

¶12

Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to allow the petitoner to produce the certified copy of the documents mentioned here under and taken on file as an addtional evidence in C.M.A.(MD).No.483 of 2020 on the file of this Honourable Court.

¶13

Prayer in CMA(MD). 483/ 2020 :

¶14

To set aside the order dated 15.10.2019 made in MCOP No. 161 of 2016 before the Motor Accident Claim Tribunal Cum Chief Judicial Magistrate, Pudukkottai and allow the Civil Miscellaneous Appeal and thus render justice.

¶15

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.G.THIRUVARUTSELVAN, Advocate for the petitioner and of M/S.N.GA.NATRAJ, Government Advocate on behalf of the Respondents 1 & 2 and M/S.K.S.MUTHU, Advocate for the Respondent No.3, the court made the following order:-

¶16

The present application has been filed by the 2^nd respondent in the appeal, who is the driver of the alleged offending vehicle, to https://www.mhc.tn.gov.in/judis receive 3 documents as additional evidence in the appeal.

¶17

1/2

¶18

C.M.P(MD)No.2232 of 2022

¶19

A perusal of the application indicates that all the 3 documents which are proposed to be filed, have already been marked as Exhibits R.1 to R.3 before the tribunal. Though Exhibit R.3 has been marked before the tribunal and it is part of the Court records, the same is not reflected in the list of documents in the award passed by the tribunal. Therefore, the proposed documents are already part of the record, this application is dismissed as unnecessary.

¶20

sd/16/03/2023

¶21

/ TRUE COPY / 20/03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

¶22

gbg

¶23

¶24

THE MOTOR ACCIDENT CLAIM TRIBUNAL CUM CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI

¶25

ORDER

¶26

IN C.M.P(MD)No.2232 of 2022 in C.M.A(MD)No.483 of 2020 Date :16/03/2023

¶27

RK/MMS/SAR-2(20/03/2023) 2P/2C

¶28

https://www.mhc.tn.gov.in/judis

¶29

2/2

Duty Driver, v. The Superintent of police

Case brief

What is this about?

What did the court decide?

Duty Driver, v. The Superintent of police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

National Insurance Company Limited, Vs Paneer Selvam

C.Pinniammal Vs Tmt. Jakkamal

A.Mohana Chandran, Vs S.Peer Mohammed (Died)

Tamil Nadu State Express Transport Corporation, Vs S.Subramonia Pillai

G.T.L. Infrastructure Limited (Gil), Vs Amaladoss

M/s.Cholaamandalam Ms General Vs Mohan