Manash Nath 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 Ballygunge 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 tyres 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 tyres, 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. 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 tyres 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.
(3.) HE had further alleged that he received 3 days treatment at the said Hospital and thereafter his relatives obtained his discharge from the said Hospital and had his treatment continued for some time at his residence. Thereafter, he was again admitted to the P..G. Kar Medical College and Hospital and remained confined for about 2 months. In his application it has been alleged by the Respondent that on subsequent partial recovery, he had to attend his office by hiring taxi from Bally Bridge for about 3 or 4 months but soon thereafter he had to take rest at his home for occasional flare -ups. He has alleged that such flare -ups still continue and he, as a result of such accident, has acquired a permanent limp in his left leg. The Respondent has further alleged that because of the said accident he has practically lost his zest and pleasure of life and that sometimes he intends to commit suicide for his continued ill health. He has also alleged that he has spent a sum of about Rs. 3,000 out of his own resources towards his treatment and thereafter his relations came to his aid during the subsequent period of treatment and in fact the expenses for special diet which was continued for some time, had to be borne out from charities by the said relations. Taking into consideration the total impact and the loss, the Respondent in his application had claimed a sum of Rs. 75,000 by way of compensation against the Appellant herein.;