ANANTA GOSWAMI Vs. GREEN VALLEY TRAVELS PRIVATE LIMITED

JUDGEMENT

(1.) This Second Appeal has been filed by the plaintiff. The plaintiff filed a suit being Money Suit No. 12 of 1986 before the Munsiff No. 1 at Tezpur.

(2.) The brief facts are as follows :-The defendant is a company incorporated under the Company's Act having its registered office at Silpukhuri, Gauhati. Its business is to carry passengers from one place to another place by omnibuses. The plaintiff who is an advocate of the Tezpur Bar undertook journey from Gauhati to Tezpur by the omnibus of the defendant company on last 2-7-88. The omnibus was numbered as AMK-707 and it started from Gauhati towards Tezpur at 7.15 a.m in the morning hours. The plaintiff had the Embarcation card (ticket) for Rs. 30/- and he was allotted with the seat No. 28 of the said vehicle. The omnibus started from its counter at Paltanbazar of Gauhati City. The plaintiff during the said journey carried some valuable documents/paper/law books but during the said journey, there was heavy downpour of rain water. There were small holes on the roof top of the omnibus and water poured down inside the vehicle wetting the seat cushion and the backrest of the plaintiff and that is not all but his garments were totally wet. The rain water also soaked and damaged the luggage and the valuable documents etc. of the plaintiff which were kept on the side tray inside vehicle. Consequently for such damage the plaintiff had to suffer much both bodily and mentally. The aluminium rod fitted inside the vehicle from front to the end by the side bearing the curtains which were soaked with water also time and again lapped to plaintiff's body by the severe jerks thrusting him upwards during the journey due to bouncing of the body of the omnibus. It was the case of the plaintiff that he being a passenger of luxurious bus and not being a gratuitous passenger the owner of the bus is liable to carry him from the place where journey started to the place of destination i.e. Guwahati to Tezpur and as the defendant failed to do its duty due to its negligence, the plaintiff is entitled to exemplary damages in view of the magnitude of the injury and damage sustained by him and so in the suit he had prayed for recovery of Rs. 10,000/- arising out of malfeasance and misfeasance of the defendant. For damage caused to him in respect of his belonging he prayed for decree of Rs. 4,000/- and for damage in respect of bodily and mental pain, sufferings etc. he has prayed for decree of Rs. 6,000/-. The defendant contested the suit of the plaintiff by filing written statement where it has averred that the suit is bad for non-joinder of necessary parties and the Tezpur Court has no jurisdiction to try the suit. The allegation in the plaint has totally been denied by the defendant.Three issues were framed by the Court below and to prove the case of the plaintiff, he examined himself apart from one more during evidence. The judgment was passed by the Court below after deciding all the issues.

(3.) The learned Munsiff decreed the suit for an amount of Rs. 5000/- as general damage with interest at the rate of Rs. 6% per annum on the decretal amount from the date of decree till realisation of the decretal amount. An appeal being Money Appeal No. 2 of 1992 was filed before the learned Assistant District Judge, Sonitpur and the learned Judge allowed the appeal and dismissed the suit. Hence this Second Appeal.