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1973 Supreme(Mad) 433

VENKATARAMAN, MAHARAJAN
P. Shanmugham – Appellant
Versus
Madras Motor and General Insurance Co. Ltd. – Respondent


Judgement

KAILASAM, J. :- This petition is filed by claimants 3 to 6 in A claim petition before the Motor Accident Claims Tribunal, Coimbatore East, The claimants filed an application under Order XXVI, Rule 4 and S. 151, Civil P.C. for the Issue of a commission to examine witnesses at Madras. The petition was filed for compensation for the loss of life of persons and injuries to one of the petitioners. The petitioners claimed to be the heirs of two of the deceased. The application was taken for the issue of a commission to examine four medical officers and one nurse, all stationed at Madras, to speak with reference to the treatment given to Rukmani, who sustained injuries in the accident and for which compensation had been asked for In the petition. The Insurance Company filed a counter statement attacking the maintainability of the application and stating that the respondents would be put to much expenses and inconvenience if the witnesses were to be examined at Madras. The District Judge has declined to issue a commission on the ground that the applicability of the provisions of the Civil Procedure Code to an enquiry is limited and there is no special provision which gives power f


















































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