This is an appeal against the order of the District Judge of Madurai, dismissing the petition of the appellants claiming a compensation of Rs. 3,000 for the death of their son caused by the vehicle MDU 5390 driven by the 2nd respondent, on the ground that the driver was acquitted of the charge under section 304-A,. Indian Penal Code. Evidently, the learned Judge has not bestowed his attention to the case-law on the subject. It has been held in a number of decisions of this Court that any decision in a criminal case cannot be relied on as one binding in a civil action. Equally the findings in a civil proceeding are not binding on a subsequent prosecution founded upon the same or similar allegations.

In Venkatapathi v. Balappa1, a Bench of this Court consisting of Curgenven and Sundaram Chetty, JJ., had to consider the question whether the decision rendered in a criminal proceeding is liable to be considered in a suit for damages for malicious prosecution. There, Curgenven, J., observed:

“........I am unable to agree that our Evidence Act justifies an examination of the judgment of the criminal Court in order to ascertain the grounds upon which the acquittal proceeded and the vi