B.M.S. BEDI Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal (RFA) filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 6.9.2003 dismissing the suit filed by the appellant/plaintiff for damages against the respondents/defendants who are the Punjab National Bank and its Manager. The suit was filed for damages on the ground that the appellant/plaintiff had suffered a fall while using a wobbly makeshift step made of wood, and by using which step the lockers, which the appellant/plaintiff had in the respondent -bank, had to be operated.

(2.) THE facts of the case are that the appellant/plaintiff had two lockers numbered as 793 and 922 with the respondent No.1 -bank at the respondent No.2 branch situated at Madhuban, Vikas Marg, Delhi. The case of the appellant/plaintiff was that when he went to operate his lockers on 19.1.2002, and when he stepped on the last step which was made of wood, and which is alleged to be a temporary makeshift step, the wooden step wobbled and as a result of which the appellant/plaintiff suffered a fall. The appellant/plaintiff was said to be about 64/65 years of age at the time of fall. It was pleaded that the appellant/plaintiff suffered a fracture in his right thigh bone and for which he had to be treated by implanting of a steel rod in his right thigh. The appellant/plaintiff therefore claimed the expenses incurred on account of his treatment, loss of earnings and other expenses on account of his having suffered on account of the stated negligence of the respondent No.1 - bank at the Madhuban branch.

(3.) AFTER completion of pleadings, the trial Court framed the following issues: -