R. Prasad, J. - (1.) THIS is a plaintiff's first appeal directed against the judgment and decree of the Additional Civil Judge, Muzaffarnagar dated 2nd April 1955 in suit No. 45 of 1953.
(2.) THE plaintiff filed this suit for recovery of a sum of Rs. 20,000 from the defendant with costs of the suit on the facts disclosed in the plaint. The plaintiff alleged that the defendant-respondent carried on business of running contract carriage buses and that in that connection he owned Chevrolette Public Stage Carriage Bus USL 1818, which used to run between Muzaffarnagar and Bhopa and to carry passengers. The bus was insured against third party risk with some Insurance Company. The plaintiff himself was an Assistant Engineer (Tube Well Division) and belonged to respectable family Plaintiff's elder brother Janki Prasad was a retired Executive Engineer. Public Works Department. Uttar Pradesh, and one of the sons of the plaintiff, Sri Chandra Mohan Gupta was a Lieutenant in the Army, having Commissioned Rank. Shri Jag Mohan Gupta aged about 18 years was one of the sons of the plaintiff, and at the relevant time, he was a student of the IInd year, D.A V. College. Muzaffarnagar. According to the plaintiff, he was brilliant and promising and possessed good physique. Consequently, plaintiff entertained high hopes from him On the 3rd October 1952, Sri Jag Mohan Gupta was going in a rickshaw to a place known as New Mandi, Muzaffarnagar from the Railway Station-He had crossed the Bhopa Railway crossing at Muzaffarnagar. The rickshaw driver had stopped the rickshaw in front of the cycle repair shop of Sri Munshi Lal about 100 paces away from the Railway crossing towards Bhopa side The rickshaw was on the kuchcha portion of the land in front of the aforesaid shop about twenty feet away from the pucca Gola of the road The rickshaw driver was getting down from his rickshaw to get rickshaw wheels inflated. Shri Jagmohan Gupta remained fitting thereon At that moment, the above noted passenger bus driven by Zahpor Ahmad driver, came from Bhopa side with passengers, but without using the horn, it came rashly on the wrons side, namely on the right side on the kuchcha portion of the road. In this process, the rickshaw was so violently struck that the rickshaw driver fell down to his left and got hurt, while Jag Mohan fell towards his back side. His head got crushed by the said bus and he died instantaneously. The death of the deceased was, therefore, brought about by gross negligence of the defendant's servant, for which the defendant was liable. It was also alleged that the bus was not in a perfect order. The brakes both foot and hand were not functioning. The condition of the bus, therefore, also subscribed the incident. Criminal proceedings had to be shelved on account of the fact that the driver absconded and went to Pakistan.
(3.) THE plaintiff and his family were greatly shocked by the death of Jag Mohan. The plaintiff had very great love and affection for him and he was very obedient to the members of the family. The plaintiff was deprived of the affection and services of the deceased and had suffered loss. Although a sum of Rs. 20,000 would not be adequate compensation, the plaintiff contented himself by claiming damages to that extent.;