SAVITHRI AND ORS. Vs. AFSARHUSEN AND ORS.

JUDGEMENT

(1.) THE above writ petitions are filed by the claimants against the order dated 2.5.2015 on I.A. Nos. 7 and 8 made in MVC. Nos. 203/10 rejecting their applications.

(2.) IT is the case of the petitioners, that they have filed claim petition claiming compensation of Rs. 15,25,000/ - for the death of the husband of petitioner No. 1 and father of petitioners 2 and 3 in the road accident which took place on 10.10.2008, contending that the accident took place due to rash and negligent driving on the part of the driver of the Truck bearing No. AP.29 T.6604, etc.

(3.) AFTER completion of evidence of PW.1, the petitioners filed I.A.7 under Order 26 Rule 4 of Code of Civil Procedure, to appoint the Court Commissioner to examine a witness Dr. Prashant Kadakol, a Nero Surgeon, who treated the deceased, on the ground that the deceased has taken treatment as indoor patient for more than 35 days and they have spent Rs. 3 lakhs for medical expenses and also filed another application I.A.8 under Order 13 Rule 10 of Code of Civil Procedure for production of documents, such as, admission and discharge card, x -rays, scan reports and medical bills and other documents issued by the said Dr. Prashant Kadakol. The said application was resisted by the 2nd respondent -Insurance Company by filing objections. After hearing both the learned Counsel for the parties, the Tribunal by its impugned order dated 02.05.2015 rejected the said applications.