FilmIndia (1945)

Calcutta Judge Warns Cinema Owners ! Sky-Sign Yields Rs. 5450/ Damages ! "If the present lot of the pedestrian in Calcutta is to be aggrava'ed by danger from the falling or articles attached to licensed sky signs in such a way that a monsoon gust will blow them into the streets, then a new terror will be added to life. This is a matter which the Calcutta Municipality can control." This note of warning was sounded by Mr. Justice Khundkar of the Calcutta High Court while granting a decree for damages for Rs. 5450I in favour of the plaintiff Manindra Nath Mukherjee against the defendant, Mathuradas Chatturbhuj, proprietor of a motion picture exhibition establishment called the Rupali Cinema situated in Ashutosh Mookerjee Road. This was an action foi damages for injury caused to the plaintiff by the fall from the roof of the defendant's premises of a cinema advertising device, called a baaner, which was an article made of cloth within a wooden frame. On July 5, 1943, a banner within a wooden frame fell from its position against ihe sky-sign of the cinema. The contraption fell on the plaintiff who was passing along the pavement. The plaintiff sustained a cut on the head. The plaintiff was bed-ridden for about one month and the accident had injuriously affected his efficiency end capacity for work. The defence inter alia was that the plaintiff was not struck Ly the banner but by something eLe. After granting the decree in favour of the plaintiff, his lordship in conclusion observed: "Before I leave this ca,e there is a word 1 wish to say in the public interest. "The plaintiff, an inoffensive passerby in a public thoroughfare, was severely injured by an advertising device consisting of a picture on cloth in a wooden frame 12 ft. by 3 1 [2 ft. which fell from its attachment on a sky sign framework erected on the roof of the Rupali Cinema Hoise. I have found that the nvshap was due n, the negligence of the person or persons who had caused this contrivance to be fastened to the frame of the sky-sign by means of ropes, and I have awarded the injured man a sum of Rs. 5450Ias damages both general and special. A NEW TERROR "If the present lot of the pedestrian in Calcutta is to be aggravated by danger from the falling of articles attached to licensed sky-signs in such a way that a monsoon gujt will blow them into the streets, then a new terror will be added to life. This is a maUer which the Calcutta Municipality can control. "It is not helpful to say, as the Chief Law Officer of the Corporation, who was called as a witness by the Court, has said, that because a skysign is, according to its definition in the Act, not a sky-sign till an advertisement is displayed from it, the licensee has the right to the things to the framework and that l.e commits no violation of the cond'tions of his license unless he has neglected to take proper precautions. The fact remains that Municipality can, if it will enforce frequent and regular supervision of licensed sky-signs so as to prevent occujrences like the one which has given rise to this action for damages. UNSATISFACTORY STATE OF THINGS "An unsatisfactory state of things is disclosed by the evidence of the Municipality's District Building Surveyor, who deposed as follows: — Q. 73. "Is it not the duty of the Corporation to inspect from tune to time to see whether the proprietor of the cinema is making proper use or the sky-sign or not ? Ans. "The difficulty is this, there is only one building inspector for 2[ 3 wards and when something wrong happens to it they don't get time to inspect it." Q. 74. "Did the Corporation take any steps against the owner of th~ Rupali?" Ans. "I don't find anything in the record." "Winfield cites the instance of the eighteen jews upon whom the Tower of Siloam fell, narrated iii the New Testament, as an illustration of a tendency to regard the catastrophe as a punishment for the sins of the injured person. I am sure the citizens of Calcutta would not wish to see skysign embellishments classified as instruments of destiny in the same category as the biblical tower. I hope the matter will receive the early consideration of the municipal authorities."