MOTILAL SINHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ appeal is directed against the judgment and order dated 28.01.2014, passed in WP (C) No. 5949/2006, whereby the writ petition filed by the appellant was dismissed by the learned Single Judge. Case of the appellant is that his son Sri Bidyut Singha met with an accident on 07.06.2006 at about 4 p.m. while he was returning home from school. At that time, the son was aged about 16 years and was a student of Class-X. The son had boarded the motor boat belonging to the Inland Water Transport Department, Govt. of Assam at Rajnagar Ferry Ghat. The motor boat was operated by an unauthorized person and did not have any railing/safety provision. It was packed with passengers, auto-rickshaws, bicycles, scooters etc. While moving away from the jetty, the motor boat took a sharp turn due to rash and negligent driving by the boat operator. As a result, the passengers experienced a sudden jerk and became imbalanced. Appellant's son also became imbalanced and fell into the turbulent water of the Barak river. Within a few moment of his felling down, he was sucked by the rotating propeller of the motor boat because of which he sustained grievous injuries on his both hands as well as on the back side of his ribs. Though the passengers raised a hue and cry and told the boat operator to switch off the engine, he did not do so. Ultimately, son of the appellant was rescued by the passengers, whereafter he was taken to the Silchar Medical College Hospital. As the injuries were of serious nature and required advanced treatment, appellant's son had to be bought to the Gauhati Medical College Hospital. Appellant's son was treated at Guwahati Medical College Hospital requiring hospitalization where his right hand had to be amputated at the shoulder joint. He also suffered fracture of his left hand as well as back ribs.

(2.) First Information was lodged by the brother of the appellant before the Arunachal Police Out Post under Silchar Police Station on 07.06.2006 about the aforesaid incident, bearing general diary entry (GDE) No. 93. The in-charge of Arunachal Out Post issued a certificate dated 02.07.2006 regarding the accident and the injuries suffered by the appellant's son.

(3.) Appellant had to incur heavy expenditure in the treatment of his son. He also could not attend to his professional duties as because he was pre-occupied looking after his son. In such circumstances, he submitted a representation before the Director, Inland Water Transport Department, Assam on 23.06.2006 seeking financial assistance and compensation. As there was no response, appellant filed the related writ petition seeking a direction to the respondents to pay compensation because of the injuries sustained by his son on account of the above accident.