V.G.Oak, J. - (1.) This is a defendant's appeal arising out of a suit for compensation, Srimati Bhanwari Devi Jain brought the suit against the governor-General of India in Council representing the Great Indian Peninsular Railway Administration in the year 1947, on the following allegations.
(2.) Srimati Bhanwari Devi plaintiff is the widow of one Tara Chand lain, who was resident of Jaipur. One night he was travelling by a passenger train from Gwalior to Sonagir with his parents and neighbours. The train reached Sonagir station at about 2-20 A.M. during the night between the 6th and the 7th of February 1946, and stopped there for a short while. Tara Chand Jain alighted from the train, stopped on the platform, and was taking out his luggage from the train. At this stage the train suddenly started without any signal or warning. As a result of the starting of the train without a warning, Tara Chand fell down. He was run over by the train. He sustained serious injuries including avulsion of the skin of the left foot, The railway authorities took Tara Chand Jain by the same train to Jhansi, There was no ambulance or Doctor present at the station, when the train reached Jhansi at about 4 A.M. The railway Doctor failed to administer any injection to Tara Chand as protection against tetanus or septic conditions setting in. Tara Chand was discharged from the hospital within an hour, although his condition was critical. In spite of good medical aid given to him subsequently, Tara Chand developed tetanus. He died of tetanus on 2-3-46 in the State Hospital at Jaipur. His death was the direct consequence of the negligence of the railway staff. Being Tara Chand's widow, the plaintiff is entitled to get compensation from the railway administration for causing -her husband's death by a negligent act. The plaintiff estimated the amount of compensation at Rs. 1,59,600/-. The relief claimed in the plaint was a sum of Rs. 100,000.
(3.) The plaintiff's claim was resisted by the defendant. It was conceded that Tara Chand Jain was one of the passengers travelling that night from Gwalior to Sonagir by the passenger train. But the defendant challenged the plaintiffs version of the railway accident at Sonagir station. The defendant denied that the train started suddenly without any warning, and halted again after moving a few feet, as alleged by the plaintiff. The defendant's version of the accident is that Tara Chand Jain tried to get down from the train, while the train was entering Sonagir station. He was warned not to get down from the train before it came to a halt. But ignoring this warning, Tara Chand Jain alighted from the train, while it was still in motion. He lost his balance, fell down, and slipped between the carriage and the platform. His left foot came under the carriage wheels. That was how he got hurt. According to the defendant, Erst aid was immediately given by the guard. Later on the Doctor on duty at Jhansi Railway Nursing Home attended to Tara Chand Jain's injuries. Arrangement was made for sending Tara Chand Jain to the Civil Hospital, Jhansi. But instead of going to the Civil Hospital, Tara Chand Jain wanted to go to a private hospital for treatment. The defendant pleaded ignorance about the circumstances under which Tara Chand died. It was denied that his death was the direct or proximate result of the injuries received by him. The defendant questioned the service of notice under Section 80 C. P. C. It was also pleaded by the defendant that parents of Tara Chand Jain are alive. They are his representatives. The suit is therefore bad for non-joinder of the necessary parties. Lastly, it was pleaded that the damages claimed by the plaintiff were exhorbitant.;