MUKTESH SAWHEY Vs. DTC

JUDGEMENT

(1.) CM No. 1723/1999 This is an application effectively under Order 41 Rule 27 read with section 151 CPC filed by the Appellant for adducing additional evidence. The additional evidence which the Appellant seeks to produce are seven bills issued by Sir Ganga Ram Hospital, New Delhi. The bills span over a period commencing from 3. 11. 1988 to 9. 9. 1990. These bills are for various services rendered by the hospital to the Appellant herein; including two bills for laboratory and pathological facilities provided to the Appellant.

(2.) IT is the case of the Appellant that these bills pertain to the treatment rendered to the Appellant during the period of his hospitalization and the expenses incurred by him.

(3.) THE Appellant in the application has averred that due to the accident suffered by him he underwent physical and mental trauma which resulted in his inability to run his factory. The closure of the factory resulted in the bills in issue being misplaced. He further avers that these bills having been traced, he wishes to produce them in order to justify his claim of pecuniary damages suffered by him on account of actual expenses incurred by him towards his treatment by the hospital. He further avers in Paragraph 3 of the application that despite due diligence the said bills could not be traced and hence, were not produced before the Motor Accident Claim Tribunal (hereinafter referred to as in short the 'tribunal' ).