M. K. KUNJAPPA HAJI Vs. VASUDEVAN

JUDGEMENT

(1.) During pendency of an appeal filed under S.110D of the Motor Vehicles Act 1939 the appellant filed a petition under O.11 R.1 of the Code of Civil Procedure (for short 'the Code') seeking leave of court to deliver interrogatories on one of the respondents. The appeal is against an award passed in favour of an injured claimant. The appellant is the owner of a bus which was involved in an accident on 18-6-1982 in which the first respondent sustained injuries. The Motor Accidents Claims Tribunal awarded Rs. 52,400/- as compensation. Against the said B award the owner of the bus has filed the appeal.

(2.) While assessing compensation, the Claims Tribunal took into account a certificate issued by a medical practitioner to the effect that the first respondent suffered permanent partial disability of 15% as a consequence of the accident. The appellant avers in the petition that after filing the appeal he got information that the claimant has secured employment as driver in the Armed Reserve Police at Malappuram from 11-3-1985, and that he is discharging his duties as such. According to the appellant, the evidence tendered on behalf of the first respondent to the effect that he suffered permanent partial disability of 15%, in that there is permanent limitation of full flexion to his right hip joint cannot be believed in view of the fact that now he is employed as a driver in the Armed Reserve Police. Therefore, according to the petitioner, it has become necessary to deliver interrogatories on the first respondent.

(3.) The contention raised by the learned counsel for the first respondent is that, this court Cannot grant leave for delivering interrogatories in appeal stage. The first objection is that, O.11 is not applicable to proceedings under the Motor Vehicles Act, and the second objection is that even if applicable leave for delivering interrogatories can be granted only in the trial stage.