U P SHARMA Vs. JABALPUR CORPORATION

JUDGEMENT

(1.) This is plaintiff's appeal filed under section 96 of the Code of Civil Procedure assailing the judgment and decree dated 29.11.94, passed by the 12th Additional District Judge,Jabalpur in Civil Suit No.94-B/94 [U.P. Sharma Vs. Jabalpur Corporation and Others].

(2.) It is the case of the appellant that in the year 1982, he was posted as a Police Inspector,Incharge of Garha Police Station. In the night intervening 23/ 24.1.82, at about 1.30 AM, while he was going on his motorcycle on the main road, when he reached a place near Gautamji Ki Madiya,two heaps of earth (sand) were put in a culvert on the road without any warning signal or notice, as a result appellant ran over the mud/sand, his motorcycle skid and he suffered serious injuries on his body. He was admitted to Medical College,Jabalpur in an unconscious state. He was treated in the Medical College from 23.1.82 to 27.3.82. Thereafter, he was shifted to Nagpur,Bombay and Delhi where he underwent treatment. Claiming that because of the accident he had suffered serious injuries on his right hand, this right hand has become non-functional and has suffered permanent disability, suit in question was filed against the Municipal Corporation claiming compensation of Rs.37,000/- for the negligence of the Corporation, which resulted in the accident.

(3.) Respondent Municipal Corporation appeared and refuted the claim of the plaintiff and contended that the sand in question, on which the appellant is said to have skid along with the motorcycle, were never put by the Corporation in the said area, it was their case that no work of the Corporation was going on in the said area and the accident has got nothing to do with any activity of the Corporation. Accordingly, the claim of the appellant was resisted.