SARITA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an appeal Under Section 96 C.P.C. by claimant plaintiff for enhancement of compensation awarded by the trial Court.

(2.) APPELLANT Ku. Sarita, aged 8 years, filed a suit for compensation of Rs. 50,000/- on the allegation that on 8-5-1977, she met with an accident in the train carrying coal for respondent No. 2 resulting in severance of her right leg from below her hip, half portion of her small finger, mutilation of next adjoining finger and serious injuries on her back, head and extremities. There is a double railway truck of M.P. Electricity Board (hereinafter in short 'the Board') from siding No. 5 for carrying coal from Gevara Road to Korba Power House. The track passes through N.C.D.C. Colliery. On one side there are huts and hotels and on the other there is open land. The inhabitants of those huts and hotels use the open land for fetching water, going to latrine and approach to mines. There is no level crossing or fencing of the track near the inhabited area.

(3.) ON 8-5-77 the train comprised of wagons of coal and a locomotive engine named 'Hira' which was driven by D.R. Sahu (DW 1). At about 12.20 P.M. the train was standing on the track in front of appellant's house. She went to attend the call of nature on the other side of the track by crossing underneath the wagons. While returning, when she had just put her steps to cross the track, the train suddenly moved without any whistle. Her right leg came under the wheel and was severed 3.6 inch below the hip, right hand's little finger was out off and the adjoining finger was twisted beside other serious injuries on head back etc. She was rushed to Korba hospital and was later shifted to Bilaspur hospital. She remained bed ridden for 1-1/2 years. Though the injuries healed up, she became permanently disabled on account of loss of her right leg She can limp only with the heap of crutches. She also suffered partial disability on account of amputation of half of her little finger and mutilation of the next finger.