HAREKR1SHNA MONDAL Vs. CALCUTTA TRAMWAYS CO LTD

JUDGEMENT

(1.) THE suit for recovery of compensation, giving rise to this appeal, has been filed by the plaintiff against the Calcutta Tramways Co. Ltd. and others on the allegation that the plaintiff was knocked down and run over by a Tram Car whose wheel pierced through and separated his right leg thereby permanently disabling him for life.

(2.) THE learned trial Judge found that the plaintiff was involved in some sort of accident, was admitted to the hospital, lost his right leg which has disabled him and has incapacitated him from earning livelihood by puting in hard manual labour, had to spend about Rs. 563. 5/-for his trimmest and that his claim for compensation for Rs. 48,000/-is otherwise reasonable. The learned Judge has observed thus

(3.) WE are, however, of opinion that there can be no satisfactory reason to disbelieve the plaintiff's case that he was knocked down and run over by a Tram Car of Route No. 35 - Esplanade Behala Route -belonging to the defendants. Apart from the clear evidence of the plaintiff, figuring as PW-6, to the effect that he was knocked down and run over by a Tram Car, the categorical evidence of Nanda Kishor Pathak, pw-1, a resident of the locality and a witness to the occurrence, is to the following effect : -