M.N. Roy, J. - (1.) The respondent, an Architectural Draftsman in the services of Planning Division, Housing Directorate under the State of West Bengal, boarded double decker bus No. WBS 920 of route No. 10 belonging to the appellant Calcutta State Transport Corporation, which plies from Ballvgunge to Howrah, on May 11, 1966. After boarding the said bus he occupied a seat just over the rear left wheels on the lower deck. The inner tyre of the said rear left wheel had a burst, as a result whereof he received bleeding injuries with comminuted fracture over both the bones of his left leg.
(2.) On the happening of the said accident, due to the bursting of the tyre, he on July 7, 1966 filed an application for compensation under Section 110 of the Motor Vehicles Act. 1939, in the Court of the Additional District Judge, Alipore, 24-Parganas, who incidentally is the Motor Accidents Claims Compensation Tribunal for Calcutta and 24-Parganas. The said application was registered as M.A.C. Case No. 36 of 1966.
(3.) In his application, the respondent alleged that at the relevant time he was drawing a salary of Rs. 451 per month which was inclusive of all allowances. He alleged that his normal place of residence is at Uttarpara and at the relevant time he was attending his office at New Secretariat Buildings, Calcutta-1 as a daily passenger by train and by bus. He has further alleged that on the material date he left office early in the afternoon for the purpose of attending to some private business at Koreya. He has stated that after finishing the said business, he boarded the bus in question for the purpose of going back to his residence at Uttarpara via Howrah. He has alleged that the said bus safely reached in front Of Prachi Cinema. Opposite Nilratan Sarkar Hospital at about 5-30 P. M. and all the time, ever since he boarded the said bus, he was sitting on the left hand side Ladies' seat which incidentally is just on the rear left side wheels of the bus. He has alleged that the said bus was overloaded and the passengers had duly alighted and boarded at the said Prachi Cinema stoppage and after it had just started and had proceeded some distance, the left side rear inner tyre of the same had burst, as a result whereof he received serious bleeding and fracture injuries on his left leg and was removed to the Nilratan Sarkar Hospital, Emergency Block.;