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United India Insurance Co. Ltd. vs Kalka Prasad And Ors. on 26 August, 1985 cites

Smt. Ramani Bala Devi vs Kanai Lal Malakar And Ors. on 6 December, 1963

13. It may be mentioned that the slips and case-record (Ex. C/2) were produced from a proper custody and through a proper person at the instance of the claimsant Kalka Prasad J.A. Group of Hospital is a Government hospital. The slips and the case-record were written by the doctors and/or the officers of the hospital in the ordinary course of business and in discharge of their official duties. Kalka Prasad as C.W. 2 admitted before this Court that the case-record (Ex. C/2) contained his signature at portion marked A to A, although he denied to have written the portion marked B to B that he did not want to lodge a report with the Police. He admitted that he was questioned by the doctor about the cause of his injuries, but denied to have staged the cause of injuries as written by the doctor in the case-record. Under the circumstances, a presumption arises that the slips (marked Ex. C/4 and Ex. C/5) were correctly prepared and the entries in the case-record were faithfully made by the persons responsible to do so. Entries in the prescription register in Government dispensary by a Compounder (D. Crwz v. D. Cruz AIR 1927 Oudh 310 and an out door ticket and discharge certificate granted by authority of a public hospital (Ramani Bala v. Kanai Lal AIR 1965 Tripura 17) have been held to be admissible Under Section 35 of the Evidence Act, even in the absence of examination of the makers thereof. Consequently the entries in the said slips and the case-record must also be held to be admissible Under Section 35 of the Evidence Act. Yet I would have examined Dr. V. Lekhi, who was the House Surgeon in the Department of Orthopaedic Surgery, J.A. Group of Hospital, Gwalior at the relevant time and who had made the entries in the case-record (Ex. C/2). However, it did not seem feasible without loss of a considerable time, because as per information given by Shri F.A. Khan, Medical Record Officer, Dr. Lekhi was no longer at Gwalior and it was difficult to locate his present address.
Gauhati High Court Cites 10 - Cited by 7 - Full Document
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