OPINION OF EXPERT – ADMISSIBILITY OF OPINION.
Evidence Act (1872), S.45 - Opinion of expert - Opinion is to a large extent advisory in nature - It could be admitted or denied - It is to be interpreted like any other evidence.
A Court is not bound by the evidence of the experts which is to a large extent advisory in nature. The Court must derive its own conclusion upon considering the opinion of the experts which may be adduced by both sides, cautiously, and upon taking into consideration the authorities on the point on which he deposes. The court for the purpose of arriving at a decision on the basis of the opinions of experts must take into consideration the difference between an 'expert witness' and an 'ordinary witness'. The opinion must be based on a person having special skill or knowledge in medical science. It could be admitted or denied. Whether such an evidence could be admitted or how much weight should be given thereto, lies within the domain of the court. The evidence of an expert should, however, be interpreted like any other evidence. (1999)7 SCC 280 - Rel.on.
MALAY KUMAR GANGULY VS. DR. SUKUMAR MUKHERJEE & ORS.
2009-ALL SCR-2039 (Paras 46, 47)
