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2014 Supreme(Gau) 572

A.M.SAPRE, UJJAL BHUYAN
Motilal Sinha – Appellant
Versus
State of Assam – Respondent


Advocate Appeared
For Appellant/Petitioner/Plaintiff:S. Kanungoe and J. Chetry, Advocates
For Respondents/Defendant:U. Rajbongshi and B. Bhuyan, Advocates

JUDGMENT

Ujjal Bhuyan, J.

1. This writ appeal is directed against the judgment and order dated 28.01.2014, passed in WP (C) No. 5949/2006, whereby the writ petition filed by the appellant was dismissed by the learned Single Judge. Case of the appellant is that his son Sri Bidyut Singha met with an accident on 07.06.2006 at about 4 p.m. while he was returning home from school. At that time, the son was aged about 16 years and was a student of Class-X. The son had boarded the motor boat belonging to the Inland Water Transport Department, Govt. of Assam at Rajnagar Ferry Ghat. The motor boat was operated by an unauthorized person and did not have any railing/safety provision. It was packed with passengers, auto-rickshaws, bicycles, scooters etc. While moving away from the jetty, the motor boat took a sharp turn due to rash and negligent driving by the boat operator. As a result, the passengers experienced a sudden jerk and became imbalanced. Appellant's son also became imbalanced and fell into the turbulent water of the Barak river. Within a few moment of his felling down, he was sucked by the rotating propeller of the motor boat because of which he sustained grievous injuries on his bo
















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