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1978 Supreme(Cal) 1

MURARI MOHAN DUTT, D.C.CHAKRAVORTI
GOBINDA PROSAD MUKHERJEE – Appellant
Versus
SUJIT BHOWMICK – Respondent


Advocates Appeared:
BISWAJIT CHOUDHURY, NAGENDRA MOHAN SHAH, R.P.BAGCHI, S.S.RAY

M. M. DUTT, J.

( 1 ) THIS appeal arises out of an award made by the Motor Accident Claims Tribunal, Calcutta and 24-Parganas on the application of the respondents Nos. 1 and 2 under Section 110-A of the Motor Vehicles Act, 1939.

( 2 ) THE respondent Sujit Kumar Bhowmik was a minor school student and was about 14 years of age on April 18, 1959. On that date at about 4. 30 P. M-, after the school hours, he tried to board a private bus bearing Registration No. WBS 2631 of Route No. 42 at the bus-stop opposite National High School on the Hazra Road, But before he could board the bus, it started moving on the signal of the conductor. He lost balance and fell down on the road and the rear wheel of the bus rolled over his right leg. He sustained severe injuries on this right leg and left thigh and other parts of the body. He was removed in an unconscious state to the Ramkrishna Mission Seva Pratisthan where he was under treatment as an indoor patient for about two months. He alleged that the accident was entirely due to the rash and negligent acts of the driver and the conductor of the said offending vehicle.

( 3 ) THE appellant, who is the owner of the said vehicle and the insurer of




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