MADHYA PRADESH STATE ROAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an appeal by plaintiff (hereinafter referred as to Corporation) against the judgment and decree dated 7th March, 1980, in Civil Suit No. 9-B of 1977 in the First Additional District Judge, Btlaspur.

(2.) THE Corporation filed the suit for damages amounting to Rs.23,000/-, on the allegations that its passenger bus going from Raipur to Ambikapur was damaged at railway crossing near Chakarmatha, Hini mines by railway Engine of South-Eastern Railway, at about 11 P.M., on 16-7-1976. The Engine dashed against the bus which got entangled in with the front portion of the Engine and the Engine carried away the bus to a distance of 80 yards. On 17-7-1976, the damaged bus was detached from the Engine. The bus was repaired in the work-shop of the Corporation. Rs. 14,509.27P. was claimed for repairing the bus, as detailed in the plaint. The Corporation also claimed Rs. 5,730-40P. for Joss of income @ Rs. 98.90P. for the period 16-7-76 to 12-9-76, during which the bus remained idle, Rs. 711.43P., ex-gratis payments made to (he injured passengers, Rs. 1,500/- for repair of the axle and the expenditure incurred for toeing the damaged bus to workshop at Raipur, Rs. 100/- for taking photographs, and Rs. 500/- for miscellaneous expenses, total Rs. 23,051.12P.

(3.) LEARNED trial Court held that bus was damaged in an accident which was due to the negligence of the respondent's employees, and the bus driver did not contribute to the said negligence at all. The claim of the Corporation was accepted for the sum of Rs. 12,921/- only. The claim for the rest was disallowed. Aggrieved by the judgment and decree, the Corporation has filed the present appeal, claiming decree for additional sum of Rs. 10,079/-.