DHAPU BAI Vs. KUNDU MG

JUDGEMENT

(1.) Heard on the question of admission.

(2.) The present Second Appeal has been filed by the appellants/ plaintiffs u/S 100 of the Code of Civil Procedure, 1908 (in short 'CPC') against the judgement and decree dtd. 21/12/2021, passed by the IInd District Judge, Rajgarh (M.P.) in regular Civil Appeal No.28/2019, affirming the judgement and decree dtd. 28/6/2019 passed by the Civil Judge Class-I, Khilchipur, District Rajgarh in Civil Suit No.26A/2018 filed by the appellants for compensation of Rs.29,56,345.00, which was dismissed.

(3.) Facts of the case in brief are that the plaintiffs are residents of village Kokadya Tehsil Jeerapur District Rajgarh. The defendant had dug a 10 feet pit at the joint of road to the village for the construction of bridge. On 12/09.2012, plaintiff No.1 alongwith her husband Ghanshyam Vishwakarma were coming from village Bakani to Kokadya by Purohit bus. They got off the bus at Kokadya bus stand and were going to their village. Husband of plaintiff No.1 went for nature's call and plaintiff No.1 was going alone. Due to dark night, she fell into the aforesaid pit. Consequentially, she had a fracture in her left leg. The plaintiff No.1 was taken to Balaji Hospital, Jhalawad where she was admitted and treated for 03 days. Thereafter, she went to Jhalawad several times for treatment. She has got 20% disability in her left leg due to fracture of tibia and fibula bone. The defendant No.1 had dug a pit but had neglected the concern for the safety measures. Due to his fault and negligence the incident has occurred and the plaintiff No.1 fell into the pit and got injured. Before the incident the plaintiff used to work as a tailor and used to earn Rs.9,000.00 per month. She could have worked upto 70 years of age and would have earned Rs.29,16,000.00. She spent Rs.40,345.00 in medical expenditure for the treatment. Accordingly, she had claimed Rs.29,56,345.00 as compensation from the defendant No.1.