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2003 Supreme(Jhk) 1322

VINOD KUMAR GUPTA, AMARESHWAR SAHAY
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
K. KANAGASABAPATHY – Respondent


Advocates Appeared:
Aloke Lal

Judgment :

V. K. GUPTA, C. J.

( 1 ) THE entire thrust of the claimants claim before the Tribunal was based upon and linked with the injuries sustained by him because of the accident and correspondingly also the extent of permanent disablement (68 per cent)caused to him by these injuries. Exh. 4 series documents and Exh. 8 documents appear to be such documents which the claimant produced before the Tribunal during the course of recording of his own statement as his own witness. Relying upon these exhibits the Tribunal awarded a sum of Rs. 4,86,000 as the compensation in favour of the claimant.

( 2 ) UNDOUBTEDLY, the course of action adopted by the claimant was not legally correct inasmuch as the Tribunal should not have exhibited the aforesaid documents because these documents were not properly proved by the claimant. The only way by which these documents could have been proved and hence admitted into evidence was by producing the author of the documents who could have proved the contents of the documents, identified his signature and so on and so forth. If a claimant during the course of his evidence, appearing as his own witness is allowed to produce any number of documents and al











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