Chennai Court December 1994 Judgments

Jeeva Transport Corporation Limited by Its Managing Director Vs. N. Su ...

Court: Chennai

Reported in: (1995)2MLJ100

Srinivasan, J.1. The contention of the appellant is that the evidence of P.W.2 Kumaresan, who is the eye witness has been believed by the tribunal wrongly inasmuch as the evidence of the very same person has been disbelieved by the Magistrate in the criminal proceedings against the driver. But the judgment in the criminal proceeding was not even produced before the Tribunal. An application is filed here in C.M.P. No. 17872 of 1994 for admitting the judgment of the Magistrate as additional evidence in this appeal. We dismiss the said application for two reasons. 1. There is no explanation in the affidavit filed in support of the petition to meet the requirements of Order 41, Rule 27, C.P.C. The judgment of the criminal court was delivered on 11.6.1993 and the certified copy of the said order was obtained on 22.6.1993. The claim petition was disposed of by the Tribunal on 2.8.1994 - one year and two months later. In spite of availability of such a long time, the appellant did not choose ...