Important judgments regarding hospital record relevant for deciding Criminal,MACP and Session trial

 

1) Whether hospital records fall within Section 92 of Indian Evidence Act?

Since hospital records are neither conclusive of rights nor are instruments as between parties, this Court is of the opinion that the argument that PW 19's oral evidence contradicts hospital records, thus violating Section 92 is untenable.

 Thus, this Court is of the opinion that the question of whether the plaintiff dived or jumped cannot be gone into in this appeal, since it was not pleaded in the written statement. The question of whether the oral evidence contradicts hospital records, regarding Susan having allegedly "dived", and thus violating Section 92 of the Evidence Act consequently need not be answered. In any event, it is found that hospital records, not being documents that are dispositive of any rights, do not fall within Section 92 of the Evidence Act.

Delhi High Court

India Tourism Development ... vs Miss Susan Leigh Beer on 30 May, 2014

Author: S.Ravindra Bhat

Citation;AIR2015(NOC)56 Delhi.

https://www.lawweb.in/2015/02/whether-hospital-records-fall-within.html

2) Whether Court can accept version of events recorded in hospital records without examining Doctors who prepared them?

State of Maharashtra v. Damu s/o Gopinath Shinde, AIR 2000 SC 1691 is an authority for the proposition that without examination of such doctors, the Court cannot accept the version of events recorded in the hospital records

No such procedure was adopted in the present case; therefore, the hospital records, though contemporaneous, cannot be given such importance as to prevail over the testimonies of the doctors who deposed in court as experts - especially those who treated the plaintiff, immediately after the accident.
Delhi High Court
India Tourism Development ... vs Miss Susan Leigh Beer on 30 May, 2014
Citation;AIR2015(NOC)56 Delhi.
https://www.lawweb.in/2015/02/whether-court-can-accept-version-of.html
3) When court should permit secondary evidence of missing documents?
When admittedly the original document once produced in evidence before any forum has been found missing a copy of the document must be marked on record as secondary evidence. No party has refuted that the copy of the OT register No. IV is an incorrect and fabricated copy. It has only been contended that because the original register has been missing the copy cannot be marked. This is an absurd contention. That would mean that any original document which is required by the Court to be seen for ascertaining the truth of the case can be got missing by any interested party and its copy earlier legitimately taken out and even used in earlier proceedings cannot be marked as document on record. In fact it is for such documents that the law relating to proof of documents by secondary evidence is specifically enacted.
IN THE HIGH COURT OF BOMBAY
Suit No. 1101 of 1989
Decided On: 02.09.2011
Padam Chandra Singhi and Ors.
Vs.
Dr. P.B. Desai and Ors.
Hon'ble Judges/Coram:
R.S. Dalvi, J.
https://www.lawweb.in/2017/03/when-court-should-permit-secondary.html

4) Whether oral evidence contrary to hospital records can be relied on?

 As per the hospital
records, it is Ramesh who had brought the deceased to the hospital and
got her admitted which was even the defence case as well. The trial
court completely overlooked this pertinent aspect. This fact alone is
sufficient to discredit the statement of PW-4 that Ramesh was with him
in his house and both of them had received the information about the
incident and when both of them reached PGIMS, Rohtak, the deceased
was already there. In these circumstances, we entirely agree with the
High Court that PW-4, though brother of the deceased, appears to have
been won over by the appellants.
 Present case appears to have been stung by 'culture of compromise'.
Fortunately, statement of PW-4 in attempting to shield the accused
Ramesh has been proved to be false in view of the records of PGIMS,
Rohtak and, therefore, we held that High Court was right in discarding
his testimony.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2526 OF 2014

RAMESH V STATE OF HARYANA 

Citation: 2017 CRLJ 352.
https://www.lawweb.in/2017/04/whether-oral-evidence-contrary-to.html

5) Supreme Court: Under which circumstances Motor accident claim tribunal should reject claim for compensation?

The High Court has also noticed that there were no hospital records to indicate, from the nature of the injuries, that death had occurred due to an accident of the nature alleged. The deceased was conducting a transport business with his brother and was an income tax Assessee. The fact that proper medical records were not available has, in this background, weighed with the High Court. Besides the above aspects, the High Court has found that the assessment of compensation by the Tribunal is perverse.

 IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 3291-3292 of 2011
Decided On: 19.01.2018
Anil and Ors. Vs. New India Assurance Co. Ltd. and Ors.
Hon'ble Judges/Coram:
Dipak Misra, C.J.I., A.M. Khanwilkar and Dr. D.Y. Chandrachud, JJ.
Author: Dr. D.Y. Chandrachud, J.
Citation:  MANU/SC/0022/2018,AIR 2018 SC 612.
https://www.lawweb.in/2025/02/supreme-court-under-which-circumstances.html

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