admissions in cross examinations

advocate

Sirs,

i have a mvc case in hand and i m appearing for petitioner. Petitioner during cross examination admitted that accident occured due to his negligence. so now no doubt contributory negligence wil be drawn against him.

But i m told that mere admissions in cross examination will not damage the case when other documentary proofs are there on record.And there are citations to support this contention. I have got fir, spot sketch and other documents to prove the rash and negligent driving of the driver.

PLS DO LET ME KNOW THE RULINGS WHICH SUPPORT ABOVE MENTIONED POINT.

 

 
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Advocate

Documentory evidence will prevail over oral evidence. A said it is not an admission but it is a fact. If that be so hang on the documentory evidence and sideline the evidence which is against you.
 
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Advocate

The admission will certainly damage your case.
 
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admission will weaken your case

 
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Advocate

Yes, admission may effect the cace in negative.
 
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Lawyer

Cases involving motor vehicle are of 2 types. One is before the Motor Accidents claims tribunal and the other u/s 279 of I.P.C. for rash and negligent driving.. It seems your case is u/ Motor accidents claims tribunal.. You state that the Petitioner has admitted his negligence. You further state that you have FIR etc to prove the negligence of the driver.. Your query is whether admission by the petitiioner of his negligence witll be damaging to your case. Relevant judgment in your case is


[1]   Damaging statements cannot be got rid off merely by stating that they were a slip of the tongue. [ AIR 1982 Calcutta 488 para 11]


[2]   Section 31 of the Indian Evidence Act states " Admission not conclusive proof but may estop. : Admissions are not conclusive proof of the matters admitted , but they may operate as estoppels .


[3]  The admission by a party must be read alongwith the evidence given by him in his examination in chief examination [ AIR 1971 SC 1542]


In your case the admission cannot be read in isolation but has to be considered alongwith all the ohrer evidence. Try damage limiting exercise by thoroughly cross examining other witnesses. Motor accident claims tribunal is a tribunal and strict rules of evidence are not applicable to it. . Further the Supreme court has held that motor vehicles are death traps . The degree of caution to be exercised by the driver of the vehicle is definitely more than that of persons and especially so when the petitioner is a small child, women or old persons [ in whom the reflexes are slow.


If the Ld Judge if at all considers it to be a case of contributory negligence then you can enhance the claim amount by using latest judgments wherien maximum amount is awarded in cases of injury suffered by your clients. For eg. if a hand cart puller sustains fracture of both his legs  or if the thumb of a typist is lost  the disability is 100 %.Try to obtain judgment in the case involving the driver filed against him u/s 279 IPC and if it is in your favour use it. Dont worry, hard work pays.


I LIKE THE ZEAL WITH WHICH YOU ARE WORKING.


                                                                                                         REGARDS.

 
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advocate

thanks a lot sir. citations r really helpful.

 
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Lawyer

You are welcome. Best of Luck.
 
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