GOVERNMENT OF INDIA Vs. JEEVARAJ ALVA

JUDGEMENT

(1.) These appeals brought on behalf of the Union of India and the Post Master General, Madras Circle (Defendants Nos. 1 and 2) are directed against the judgment and decrees of the Court of the Principal District Judge, Bangalore in Original Suits Nos. 37 and 38 of 1959. Original Suit No. 37 of 1959 was a suit brought by Respondents in Regular First Appeal No. 149 of 1962 for damages under the Fatal Accidents Act, 1855 and Original Suit No. 38 of 1959 was a suit brought by the Respondent in Regular First Appeal No. 152 of 1962 for damages for personal injuries.

(2.) The plaintiffs in Original Suit No. 37 of 1959 are the parents of Subhas Alva, hereinafter called Subhas, who died in the accident. The plaintiff in Original Suit No. 38 of 1959 is Jeevaraj Alva, herein--after called Jeevaraj and he is the elder brother of the said Subhas. In July 1958 Subhas and Jeevaraj were students in the Arya Vidya Shala, Sheshadripuram, Bangalore City. The Railway Mail Service office is situated in a private building on the Seshadripuram Main Road opposite to the said Arya Vidya Shala. On the forenoon of the 18th July 1959 at about 10-30 a. m. Subhas and Jeevaraj along with other boys were sitting near the gate of the said R. M. S. Office. At that time, a motor lorry bearing No. MYF 971 belonging to the Bangalore Ex-Servicemen's Transport Co. Ltd., Bangalore (Defendant No. 3 in both suits) employed for the carriage of mails by Defendants 1 and 2 emerged out of the compound of R. M. S. office. As the said lorry was coming out, one of the gate pillars of the R. M. S. Office compound collapsed and the debris fell on Subhas and Jeevaraj. Subhas died on the spot instantaneously. Jeevaraj suffered grievous injuries of fracture to the bones of one of his legs and one of his arms. The parents of Subhas brought Original Suit No. 37 of 1959 for damages under the Fatal Accidents Act, 1855 claiming Rupees 20,700. Jeevaraj brought Original Suit No. 38 of 1959 claiming Rs. 36,225 for personal injuries suffered. The defendants in both the suits are common; the first defendant is the Union of India, the second defendant is the Post Master General, Madras Circle, Defendant No. 3 is the Bangalore Ex-Servicemen's Transport Company Limited (which Company is the owner of the Motor Lorry No. MYF, 971), defendant No. 4 is the driver of the said vehicle and defendant No. 5 is the Mysore Government Insurance Department with which the said motor vehicle was insured for third party risk.

(3.) The case of the plaintiffs in both the suits was that under an agreement between Defendant No. 1 and Defendant No. 3, the work of conveyance of mails between the Head Post Office and the City's sub-post offices was entrusted to Defendant No. 3; that the contractors (Defendant No. 3) were discharging their work under the control and direction of Defendant No. 2; that Defendant No. 4 was the driver in the employment of Defendant No. 3; that one of the vehicles engaged for the conveyance of the mail was lorry No. MYF 971 belonging to Defendant No. 3; that on 18-7-1958 defendant No. 4 was driving the said vehicle in the course of his employment when the said vehicle dashed against the gate pillar and the compound wall of the R. M. S. Office resulting in the collapse of one of the gate pillars and the debris thereof fell on Subhas and Jeevaraj and consequently Subhas died on the spot and Jeevaraj sustained grievous hurt. The plaintiffs alleged that the accident was caused by the gross negligence of defendant No. 4, and that Defendant No. 3 as employer of defendant No. 4 is vicariously liable for the acts of Defendant No. 4, and that Defendant No. 1 is also liable for the consequences of the acts done in the course of the employment of Defendants 3 and 4. The plaintiffs in Original Suit No. 37 of 1959 alleged that Subhas was a healthy smart boy with a bright future before him and he could have been of considerable comfort and assistance to his parents and that as a result of his death, his parents have been deprived of the assistance and support which they would have otherwise derived from their deceased son. They estimated the damage at Rs. 20.000 on which they claimed Rs. 700 as interest. Jeevaraj claimed Rs. 35,000 as damages and Rs. 1,225 as interest thereon.