SANTOSH Vs. `EXECUTIVE ENGINEER

JUDGEMENT

(1.) This appeal is filed by the plaintiff in O.S. No. 163/2001 on the file of the Prl. Civil Judge (Sr. Dn.), Hubli, being aggrieved by the judgment and decree dated 31.01.2004 seeking for enhancement of damages awarded by the trial court. The essential facts of the case leading up to the filing of this appeal with reference to the ranking of the parties before the trial court are as follows:

(2.) The suit filed by the plaintiff herein was clubbed along with the suit filed by the natural guardian of another injured by name Halappa Mallappa Koppal. In the said suits, common evidence was recorded. On behalf of the plaintiff, PW-2 (father of the plaintiff) and PW-3 Dr. P.S. Banakar, were examined and they also got examined PW-4 who was an eye witness to the incident and got marked the documents Ex. P. 1 to Ex. P. 168. On behalf of the defendants, DWs-1 to 5 were examined and Ex. D. 1 to 16 were got marked. The trial court after considering the contention of the learned counsel appearing for the parties and appreciating the oral and documentary evidence on record held that the plaintiffs' in both the suits had sustained injury due to the negligence on the part of respondents-4 to 6 herein (school authorities) and held that there was no negligence on the part of the respondents 1 to 3 (KEB) and awarded damages of Rs. 1,10,000/- to the plaintiff. Being aggrieved by the above said judgment and decree, this appeal is filed by the plaintiff.

(3.) It may be noted here itself that so far as the finding of the trial court regarding the negligence on the part of respondents 4 to 6 and liability to pay damages saddled upon them and entitlement of the damages in favour of the plaintiff was challenged by defendants 4 and 5 in both the suits in R.F.A. Nos. 637/2004 and 639/2004 and both the appeals have been dismissed by confirming the judgment and decree passed by the trial court holding that the plaintiff sustained injury due to the negligence on the part of defendants 4 to 6 and not on behalf of defendants 1 to 3 and that the plaintiff is entitled to damages.