Bijayesh Mukherji, J. - (1.) This is a suit raised on August 22, 1953, by Sukhraji Bhuj or Bhunj (hereafter referred to, so far as possible, as Sukhraji) claiming Rs. 10,000 from the Calcutta State Transport Corporation, the sole defendant, for the pecuniary loss sustained by her for the death of her 14 year old son, Ramdeo, on his having been knocked down on June 23, 1952, at 2-30 p.m. or thereabouts along the eastern side of Government Place East by a motor omnibus WBS 345 of the defendant Corporation driven negligently.
(2.) A suit as this is resisted on the plea that the deceased Ramdeo jumped off a running tram-car, proceeding north to south, came in contact with the right rear wheel of the omnibus, also going north to south parallel to the tram-car, and thereby sustained the fatal injuries caused entirely by his own negligence. More, the point where he jumped so a little south of the junction of Waterloo street and Government Place East had no tram-stop. Nor did he care to look to the traffic coming From behind.
(3.) The issues struck at the trial are: 1. Was the driver of the omnibus bearing No. WBS 345 negligent on June 23, 1952 at or about 2-30 p.m. in the manner alleged in the 2nd paragraph of the plaint; or was the accident complained of caused entirely due to the negligence of the deceased, Ramdeo Bhuj, in jumping from a running tram-car at a place where there was no tram-stop and without looking at and paying heed to the traffic coming from behind, as alleged in the 2nd paragraph of the written statement? 2. Can the loss of the plaintiff be assessed at Rs. 10,000 as claimed? 3. What reliefs, if any, is the plaintiff entitled to?;