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Hera Sonan
in Civil Law
Asked May 29, 2017

Doctor's presence in court in a motor vehicle accident case

  • 1 Answer
  • 281 Views

(1) What if the doctor doesn't turn up to give his statement in spite of two summons sent by honorable court? And if doctor gives wrong statement to the panel of lawyers as a commission appointed by honorable court? ( In a motor vehicle accident case.) (2) Can the petitioner claim the legal charges paid to the lawyers towards professional charges from insurance company? ( Motor vehicle accident case) 

Answer 1

 

 

 

Dear Sir/madam,

The doctor asserting wrong facts and making false statements will be liable to be prosecuted for Perjury and Contempt of Court. These are offences which attract punishment of upto 7 years of imprisonment. Testifying false statements when under oath is an offence.  Section 191 of the Indian Penal Code defines perjury as testifying false evidwence under oath which is an offence.

The petitioner can definitely claim for the waste of his time and the court’s time in waiting for the doctor to turn up after the 2nd summons was issued. The legal term is “Cost” which is applicable on practice of taking next date after the other and not turning up.

Infact, claiming professional charges to engage a lawyer etc. is included as a part of the relief sought from the court at the time of disposal of the case. Comes under the prayer clause.

Agree Comment 0 Agrees over 3 years ago

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