Bhaskaran (minor) rep. by his next friend father M. Kunju, Tiruchirapalli v. S. Swaminathan
1987-04-28
SWAMIKKANNU
body1987
DigiLaw.ai
Judgment :- 1. Though after remand particulars regarding which car has been driven by the driver who had pleaded guilty in the criminal court is not ascertainable, this Court is of the view that evidence of the witnesses has to be taken in this Court hall by sending summonses to the witnesses and giving opportunity to both sides to adduce further evidence by taking steps to the witnesses. Therefore, this appeal has to be necessarily allowed and the matter considered afresh after giving opportunity to both sides to adduce further evidence in this Court Since this Court being the appellate court has got every right to direct the parties in the instant case to adduce evidence of the witnesses for coming to a proper and just decision in the instant case before us. 2. Ratnam, J., who had remanded this matter has clearly expressed that the driver of the car who had pleaded guilty in the criminal case should be examined regarding the particulars as to which car he had driven so as to fasten the liability on the owner of the car or the insurance company with which the car had been insured by the owner of the said car which was at fault. Further proceedings in this appeal will be undertaken by this Court itself in view of the importance exhibited by the facts of the case mainly on account of the fact that inspire of the remand by this Court, no proper conclusion has been arrived at and therefore this Court is of the view that further remand will be of no use and it will also take time in arriving at a decision in the case of this nature especially at an earliest point of time. 3. It is also seen from the certified copies and Ex.A1 and Ex.A2 that number ’ has been corrected as ’. The person who has corrected the number of the car in the said documents is also the subject-matter of enquiry so that the person who corrected the figure can be taken to task in accordance with law. 4. In the circumstances, therefore, the award and decree of the Tribunal are set aside, and the appeal is ordered accordingly. Both sides are at liberty to adduce further evidence by taking steps to the witnesses by sending summonses to them through court. Call on 15.6.1987.
4. In the circumstances, therefore, the award and decree of the Tribunal are set aside, and the appeal is ordered accordingly. Both sides are at liberty to adduce further evidence by taking steps to the witnesses by sending summonses to them through court. Call on 15.6.1987. In the circumstances, there will be no order as to costs at this stage.