JAYESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) By this appeal, the appellant challenges the judgment passed by the trial court on 26.2.1991 as it denies a part of the claim made by the plaintiff/appellant and also fails to grant interest on the amount of compensation directed to be paid by the respondents/ defendants to the plaintiff.

(2.) A suit was filed by the appellant/ plaintiff for a decree for an amount of Rs. 1.50,000/- with costs and future interest from the date of institution of the suit till its realization @ Rs.19% p.a.. It was the case of the plaintiff that the plaintiff suffered extensive injuries as a result of a train accident which occurred some where between Borkhedi & Butibori while the plaintiff was travelling in the Howrah-Bombay Mail on 4.8.1979. According to the plaintiff the train had started form Wardha Railway Station at 9.44 a.m. and stopped near Butibori on account of heavy rains. A goods train collided with the Bombay-Howrah Mail in which the plaintiff was travelling and the impact was so great that the three tier sleeper coach in which the plaintiff was travelling got released and was thrown in the field after taking three Topsy-turvy turns. According to the plaintiff the respondents were totally negligent in their duties and the incident occurred due to the negligence and carelessness on the part of the respondents. The plaintiff sought compensation to the tune of Rs.35,000/- for the loss of his right hand and fracture of a finger of his left hand. The plaintiff claimed an amount of Rs. 15,000/- for pain and suffering and an amount of Rs. 10,000/- for loss of amenities and enjoyment of life. He also claimed an amount of Rs.60,000/- towards loss of earning capacity, and an amount of Rs. 10,000/- for his inability to marry a deserving girl. The plaintiff also claimed an amount of Rs.7,500/- towards medical expenses and Rs. 12,500/- towards special damages.

(3.) The respondents/defendants filed the written statement and denied the claim of the appellant. It was however, admitted that the accident occurred due to a collision between the Howrah Bombay Mail and the goods wagon. The defendants, denied that the accident occurred due to the negligence of the railway. The case of the plaintiff about the loss of his limb and the agony and suffering was denied by the defendants. It was denied that the plaintiff was a promising student and his disability was to the extent of 90%. All in all, the defendants denied the claim of the plaintiff to the tune of Rs. 1,50,000/- along with interest and sought for the dismissal of the suit.