R. Dayal, J. - (1.) This appeal is directed against the award dated 30th January, 1984 made by the Additional District Judge, Nadia Krishnanagar (II) awarding a total amount of Rs. 27,800/- as compensation out of which the Insurance Company was held responsible to the extent of Rs. 5,000/- in view of Section 95(2) of the Motor Vehicles Act 1939 and the rest was directed to be paid by the owner of the bus who is the appellant herein. It was further directed that if the payment was made in a lump sum 25% rebate would be allowed from the total compensation.
(2.) Samar Kumar Bhattacharya, a science Demonstrator at Krishnagar, respondent herein, made a claim under Section 110-A of the Motor Vehicles Act 1939 alleging that on 31st March, 1981, while he was travelling in a bus named and styled as "Raghunath" bearing registered No. WGE 1264 towards his college at about 1.20 P.M. The said bus stopped at Bhagbat Press Junction on D.L. Roy Road and there he tried to get down from the bus but while he kept his left leg on the road and he did still hold the handle of the door of the bus, the bus started without giving prior alarm with the result he was dashed by the bus, fell down on the road and the rear wheel of the bus ran over his legs causing him severe bleeding injuries in his head and different parts of his body. Some fellow passengers and some of his students immediately removed him to Shaktinagar hospital for treatment where he was admitted as an indoor patient till 12th April, 1981 and thereafter he got treatment at P.G. Hospital at Calcutta where he was confined for four months. It is further alleged that on account of the accident, he became disabled and unable to move normally as before and had to use wooden crutch to walk and his left leg became shortened. He claimed Rs. 50,000/- as compensation because of rash and negligent driving on the part of the driver.
(3.) The owner of the bus Gopal Krishna Dutta opposed the claim preferred by the respondent by filing a written objection denying the allegation of rash or negligent driving by the driver and alleging that the injuries were caused due to the negligence on the part of the claimant himself. A specific plea was taken in the written statement and the additional written statement that there was no scheduled stoppage at Bhagbat Press but the claimant wanted to alight form the bus in front of the Bhagbat Press even when the assistant of the bus had requested him not to get down there. It is pleaded that the claimant without paying any heed to the request made by the assistant, got down from the bus when the bus was negotiating the curbe and in the process fell down and sustained injuries, but rear wheel of the bus did not run over his leg.;