BEHARILAL Vs. QURBAN

JUDGEMENT

(1.) Defendant No. 1 is the appellant in a suit for compensation for injury, short of death, caused to the plaintiff. Defendant No. 1 at the relevant date was the owner of the bus BRJ 1002, and defendant No. 2 was its driver. Defendant No. 3 was the Insurance Company with which the bus was insured by defendant No. 1 covering risk against third party.

(2.) The plaintiff was travelling in the bus on the 16th April 1955, having boarded it at Babhangama and was bound for Boria in Santal Parganas, where he was carrying some ready-made clothes for sale in Boria hat. The bus turned turtle causing some injuries to the plaintiff resuling in ultimate amputation of his left leg. He claimed damages of Rs. 20,500/- having filed a suit in forma pauperis.

(3.) The suit was dismissed against defendant No. 2, but was decreed against defendant No. 3 for Rs. 2,000/-, and defendant No. 3 has not preferred any appeal. The suit was decreed for Rs. 3000/- against defendant No. 1 on equitable grounds, though the plaintiff had not been able to prove the extent of the damages suffered by him on account of the injury. Defendant No. 1 has filed this appeal. 3a. The plaintiff-respondent is not represented, although notice of this appeal had been personally served on him.