RIVERS STEAM NAVIGATION CO LTD Vs. BIJOY KUMAR

JUDGEMENT

(1.) This is a defendants appeal free English vocabulary from a decree of the learned subordinate Judge of Chapra, decreeing the plaintiffs claim for damages against them.

(2.) Plaintiff 1 is a minor and was the son of one Ujagir Lal of village Ghanti who met his death by drowning on 11 November 1935. Plaintiff 2 was the widow of the said Ujagir Lal. Defendant 1 was the Rivers Steam Navigation Co. Ltd., the owners of river steamers plying on the Ganges. Defendant 2 was the master of S.S "Cherra" owned by defendant l. Defendants 3 and 4 were pro forma defendants being the brothers of Ujagir Lal deceased. According to the plaintiffs, Ujagir Lal had on ll November, 1935 gone to a mela and on the evening of that day embarked on the S.S "Cherra" at Maniar Ghat to return to his home. According to the plaint, a very large number of persons got on board at this Ghat and so big was the crowd that a number were left behind.

(3.) In this overcrowded fashion, it is said that the steamer called at Patar Ghat and then left for Darauli which was the destination of Ujagir Lal. About half an hour's journey from Darauli, it is said that the S.S "Cherra" foundered and sank and this was due to the overloading and overcrowding of the vessel and to the fact that the vessel was taking an unusual and dangerous course at the time, Ujagir Lal, it was said, either fell off or was thrown off the deck of the ship and as he was unable to swim he was drowned. The plaintiffs brought this suit alleging that the death was due to the negligence of defendants 1 and 2 and that they were entitled to damages as being dependent upon the deceased man.