SHOVANA MUKHERJEE Vs. RIVER STEAM NAVIGATION CO

JUDGEMENT

(1.) This is a suit by the widow and the children of the deceased, under the Fatal Accident Act, claiming damages for the death of the deceased to the extent of a sum of Rs. 50,000 on account of drowning from a flat named 'F. Bassein' in which the deceased was posted as the flat clerk.

(2.) At the time of his death the deceased was aged 42 years. He left behind him his widow, the Plaintiff No. 1 and two sons and a daughter who were then minors. He was employed as a fiat clerk at a salary of Rs. 292 per month and was the only earning member of the family consisting of the above persons. The eldest son and the daughter have since attained majority and their majority have been recorded in this suit. The youngest is still a minor aged about 16 years.

(3.) The accident occurred on June 8, 1965, during the early hours of dawn at Pandu Ghat. According to the Plaintiff, for a considerable time prior to the time of occurrence on the day previous thereto, the river Brahmaputra was rising and there was heavy current on the river whereby 'F. Bassein' was subjected to considerable pitching and rolling. Accordingly, ?F. Bassein' could not be placed near the jetty and had to be moored at a considerable distance from the jetty. She was a dumb vessel and was meant to be towed with a steamer for carrying cargo by inland navigation. At the time of the accident 'F. Bassein' was lying moored in and around the vicinity of Pandu Steamer Ghat in Assam.