JUTURU ARAVIND Vs. K SRINIVASULU

JUDGEMENT

(1.) This revision petition is filed aggrieved by the orders dated 08-11-2012 passed in I.A. No. 2262 of 2012 in O.P. No. 686 of 2009 by the learned District Judge, Anantapur, wherein and whereby the application filed by the petitioners to examine respondent No. 1 as a Court Witness was dismissed. The petitioners herein are the claimants who filed the aforesaid O.P. against the respondents seeking payment of compensation of Rs. 20,00,000/- on account of the death of one J. Jagannath, father of the 1st petitioner and the husband of the 2nd petitioner in a motor vehicle accident. The evidence was completed and the matter was at the stage of arguments. At that stage, the petitioners filed two applications before the trial Court; one to reopen their evidence and the other to examine the 1st respondent who is the owner of one of the offending vehicles as the Court Witness. The trial Court dismissed both the applications.

(2.) Aggrieved by the orders passed by the trial Court insofar as rejecting the request of the petitioners to examine the 1st respondent as Court Witness, the present revision is filed.

(3.) Learned counsel for the petitioners contends that since the 1st respondent is the driver of the vehicle in which the deceased was travelling at the time of accident, he is the only person who can unfold as to how the accident had occurred and, therefore, the trial Court ought to have accepted the request of the petitioners to examine him as Court Witness.