SAROJ BASOTIA Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant being aggrieved by dismissal of the suit filed for claiming compensation of Rs. 5,00,500/- on account of loss of left eye due to the injuries sustained while watching a drama when one of the artists threw a glass of brass, that hit the left eye causing bleeding injury. District Court, Bhopal has dismissed the suit as per judgment and decree dated 20th December, 1999 passed in Civil suit No. 25-B/99.

(2.) THE plaintiff Saroj Basotia along with others went to watch drama "skandgupt" of 7. 00 p. m. show at Bharat Bhawan. While she was watching the drama one of the actors threw a glass of brass rashly and negligently, that hit the eye of the plaintiff causing bleeding injury. Immediately the information was given to Javed Jaidi, Manager of Bharat Bhawan, who was present at that time. The plaintiff was initially treated by Dr. P. S. Bindra. She was referred for further treatment to Dr. Raizada. Dr. Raizada examined her eye at 9:30 a. m. and came to the conclusion that the plaintiff had lost the total vision of left eye. She has suffered physical pain and mental suffering. Report was lodged at P. S. Taliya by the plaintiffs husband on 27-4-1991. She obtained further treatment at Sewa sadan Eye Hospital, Bairagarh, Eye Hospital, New Sindhi Colony, Berasiya road. Ultimately she was referred to Shankar Netralaya, Madras. She went on 14-6-91 and remained admitted till 19-6-1991. Dr. L. Gopal opined that the plaintiff was going to lose the total vision. Plaintiff has spent a lot of money. The defendants failed to make security measures necessary for organizing such a drama. She has lost the opportunity of obtaining, employment. She ultimately served a notice for claiming compensation of Rs. 5,00,000/ -. In spite of that compensation was not paid by the defendants. Hence, the suit was filed.

(3.) IN the written statement filed by defendant No. 3 the averments made in the plaint were denied. Arrangement was made for sitting of the audience at 30 feet distance, consequently it was not possible for the glass of brass to rebound and hit the eye. "skandgupt" was organized by Bharat Bhawan 25 times prior to it, however, no damage was caused to anybody. Plaintiff did not lodge any complaint when injury was caused while she was watching the drama. Other facts were also denied. Thus, the liability to pay the compensation was repudiated.