MARRY VINCENT Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
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Deb, J. -
(1.) In the year 1953, the State of West Bengal used to carry on business of transporting passengers by omnibuses in Calcutta for reward and was the owner of a double -decker bus bearing Police registration No. WBS 1108. The Plaintiff at that time was a girl of 9 years. Her brother Gilbert was then about 7 years old. They used to read in the Holy Child Institute at Convent Road, Calcutta, which was managed by Sisters of Charity. They used to go to that school and come back home by the same rickshaw which was pulled by Aziz.
(2.) In the noon of April 27, 1953, the Plaintiff and her brother, at or about 12 -30 hours, were coming back home from the school in the rickshaw pulled by Aziz. They were coming from the northern direction along the eastern side of Lower Circular Road and they were to cross the tramway lines, which were nearly at the middle of that road, for going home by a lane on the western side of that road. After they had crossed the tramway lines and had proceeded about 10 ft. towards the west of that road the said omnibus driven by an employee of the State came from the southern direction along the western side of that road and dashed against that rickshaw and smashed it to pieces.
(3.) Due to the said collision the Plaintiff was thrown away about 30 ft. from the place of collision and was landed near the footpath on the western side of that road and lost her sense. Her brother was killed on the spot and his dead -body was thrown away about 20 ft. from the place of the said collision. Aziz was also injured and was thrown near the place where the Plaintiff was landed and he died in the hospital within two hours of the collision.;
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