RAMDAS AND SONS Vs. BHUWANESHWAR PRASAD SINGH

JUDGEMENT

(1.) This second appeal by the defendants arises out of a suit filed by the plaintiff-respondent for recovery of Rs. 2,000/- as damages on account of injuries suffered by him due to the negligence of the defendants.

(2.) Facts giving rise to this appeal briefly stated are that defendant No. 1 is a registered partnership firm carrying on contract business. Defendant No. 2 is a working partner of defendant No. 1. They had taken a contract for laying a pipe line from Dimna to Telco and for that purpose they had dug out trenches by the side of the road in front of the Government hospital. The trench was left open and it was neither fenced nor any light was placed by the side of the trench as a security measure. On 12-12-1965, the plaintiff-respondent was going to the hospital at about 8 p.m. As the defendant-appellants did not take any precautionary measure the plaintiff-respondent could not ascertain the location of the trench as a result of which he fell down in it and received injuries. His wrist and other portion of his body were fractured. He remained in the hospital for 19 days. It is alleged that as the plaintiff-respondent suffered from these injuries on account of the negligence of the defendant-appellants the latter are liable to compensate the plaintiff-respondent and hence he claimed a sum of Rs. 2,000/- as special and general damages.

(3.) The defendant-appellants contended, inter alia, in the written statement that the road side in front of the hospital was not dug; that a strip of land was kept intact for the people going to hospital; that the excavation was done in two stages that the trench was properly fenced on the road side and a red lamp was kept 'burning throughput the night; that there was no negligence on the part of these defendant- appellants and that they are not liable to pay any compensation to the plaintiff-respondent.