ASSOCIATED CEMENT COMPANIES LTD Vs. PARSINU DEVI

JUDGEMENT

(1.) The present appeal and cross objections arise out of the judgment and decree dated 10.10.2001, of the learned District Judge, Bilaspur (H.P.) in Civil Suit No. 3 of 1998, titled Smt. Parsinu Devi v. The A.C.C. Gagal Cement Works, Barmana and another, whereby the suit for recovery of Rs. five lac by way of damages on account of death of Shri Ashok Kumar due to the alleged negligence on the part of the defendant, filed by respondent No.1, Smt. Parsinu Devi, as plaintiff against the appellant and proforma respondent No.2 being defendants in the suit, has been decreed, though partly in the sum of Rs. 1,64,000/-, with costs and interest @ 9% per annum from the date of registration of the suit, i.e w.e.f 27.11.1998.

(2.) It shall be pertinent to notice at the very outset that though initially the plaintiff sought permission to sue as an indigent person and filed the suit in forma pauperis, yet her prayer in this regard did not find favour with the learned trial court and was accordingly declined vide order dated 5.9.1998. Consequently, the requisite court fee was affixed by her on the plaint and the suit proceeded further.

(3.) Briefly stated the case pleaded by the plaintiff is to the effect that on 2.8.1996, at about 9.45 PM, while her son by name Ashok Kumar, was on way back home from Barmana and was passing by DAV School, Barmana, along with two other persons, the retaining wall of the said school fell on him and one of his companions, namely, Shri Tej Singh and both of them died on the spot, as they were crushed under the debris and bricks etc. of the retaining/boundary wall. The third person, who was going ahead had a narrow escape. The deceased was a brilliant student studying in 10+2. He could rise to be a gazetted officer, had he not died in the unfortunate accident. It is further averred that the deceased was also managing the affairs of the trucks belonging to one 2011(6) RCR (Civil) Recent Civil Reports 331 Shri Mani Ram, who in fact is his father, who is a transporter with a fleet of 4-5 trucks at Barmana, which are engaged in transportation of cement and other goods, on monthly salary of Rs. 3000/-. In addition thereto, he was also earning Rs. 2000/- per month from agriculture.