AMAR CHAND Vs. THE UNION OF INDIA

JUDGEMENT

(1.) THIS regular first appeal has been filed against the judgment and decree of the trial Court by which the suit of the plaintiff for the recovery of Rs. 1,00,000/ - as damages was dismissed, leaving the parties to bear their own costs.

(2.) THE facts as alleged in the plaint are that the plaintiff is an Advocate of about 22 years' standing at the Ajmer Bar and is also enrolled as an Advocate of the Supreme Court of India. On the night between 31st December, 1957, and 1st January, 1958, the plaintiff was travelling by 2 Dn (passenger train) from Ambala Cantonment to Delhi and while the said train was standing at Mohri Railway Station, the Janta Express train coming from Delhi, collided with the said 2 Dn, passenger train as a result of which the plaintiff sustained serious injuries on his head and in the spine. The plaintiff was removed in an unconscious state to the Military Hospital, Ambala Cantonment, where he was admitted as an indoor patient and remained there upto 5th February, 1958.

(3.) IT is alleged that the plaintiff had a lucrative practice in Ajmer. He possessed a sound physique and excellent health. The railway accident was due to the sheer negligence and gross misconduct on the part of the Railway Administration and its servants. He has further alleged that besides mental worry and bodily pain, he had to incur a lot of expenses for his treatment and had to be off from his professional work till 15th November, 1958. Even at present, he cannot bear the strain and is unable to do his normal work. According to the medical opinion, a permanent disability has developed in the spine and his earning capacity has been reduced by 50%. The fracture in the spine has affected his memory to some extent.