KRISHNAN ASARI Vs. ADAIKALAM

JUDGEMENT

(1.) THIS is an appeal against the order of the Dist. Judge, Madurai, dismissing the petition of the appellants claiming a compensation of Rs. 3000 for the death of their son caused by the vehicle MDU 5390 driven by the second respondent, on the ground that the driver was acquitted of the charge under S. 304-A I. P. C. 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 of 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.

(2.) IN Venkatapathi v. Balappa, I L R 56 Mad 641: (AIR 1933 Mad 429), 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:

(3.) RELYING on these decisions, I am of the view that the order passed by the learned Judge is erroneous and a mistake in law. Therefore, I set aside the order passed by the learned District Judge and direct him to take up C. P. 40 of 1962 on his file and dispose of the same on merits. Appeal allowed.