( 1 ) THIS is an appeal by the defendant, Union of India against the decree of the additional First Civil Judge, First Class, Jabalpur, in Civil Suit No. 85-B of 1950. This judgment shall also dispose of the plaintiff's cross-objection.

( 2 ) THE plaintiff-respondent, Bhagwatiprasad, was employed as a delivery-man by the Government Military Farm, Jabalpur. His duty was to supply milk to the customers. The milk used to be carried In a military truck. On 22nd November 1947, the plaintiff met with an accident when he was out on his duties. The driver of the truck was Kartarsingh (D. W. 3 ). It is not disputed that the plaintiff had fallen down from the truck and came under its hind wheel. He was in the hospital under treatment from 22-11-1947 till 26-1-1948. The injuries resulted in (1) fracture both pubic rami left, (2) fracture medical malleolus left tibia and (3)dislocation of right sacro-illic joint. The injury, according to Dr. Bishensingh (P. W. 2), has resulted in permanent disablement of the plaintiff to perform the duties as a delivery-man. The disability was found to be 40 per cent. See Ex. D-3.

( 3 ) THE case of the plaintiff was that on the date of the incident, he was sit

Click Here to Read the rest of this document