UNION OF INDIA Vs. BHAGWATIPRASAD MISHRA

JUDGEMENT

(1.) THIS is an appeal by the defendant, Union of India against the decree of the additional First Civil Judge, First Class, Jabalpur, in Civil Suit No. 85-B of 1950. This judgment shall also dispose of the plaintiff's cross-objection.

(2.) THE plaintiff-respondent, Bhagwatiprasad, was employed as a delivery-man by the Government Military Farm, Jabalpur. His duty was to supply milk to the customers. The milk used to be carried In a military truck. On 22nd November 1947, the plaintiff met with an accident when he was out on his duties. The driver of the truck was Kartarsingh (D. W. 3 ). It is not disputed that the plaintiff had fallen down from the truck and came under its hind wheel. He was in the hospital under treatment from 22-11-1947 till 26-1-1948. The injuries resulted in (1) fracture both pubic rami left, (2) fracture medical malleolus left tibia and (3)dislocation of right sacro-illic joint. The injury, according to Dr. Bishensingh (P. W. 2), has resulted in permanent disablement of the plaintiff to perform the duties as a delivery-man. The disability was found to be 40 per cent. See Ex. D-3.

(3.) THE case of the plaintiff was that on the date of the incident, he was sitting in the front part of the truck by the side of the driver. When the truck was in motion, one of the milk cans, which were kept behind, got titled. Accordingly the truck was stopped and he got down to arrange the milk can. After doing the needful, as he came back and was boarding the truck, the driver negligently put it in motion on account of which he fell down and came under the hind wheel He claimed damages to the extent of Rs. 8000/- for loss of earnings and Rs. 2000/- for bodily and mental suffering, total Rs. 10,000/ -. The suit was allowed by the lower Court to the extent of Rs. 8200/-, made up of Rs. 8000/.- for loss of earnings and Rs. 200/-on account of bodily and mental suffering. The plaintiff has filed cross-objection claiming Rs. 1300/- more as damages on the latter Count viz. , bodily and mental suffering.