V NARAYANA REDDY Vs. SYED AZGAR BAREED

JUDGEMENT

(1.) This second appeal under S. 100 of the CPC is by the 1st defendant.

(2.) The 1st respondent herein (who will be referred to as 'the plaintiff in the course; of this order) was the plaintiff in the trial court. Initially, he filed the suit in forma pauperis in the Court of the Civil Judge, Kolar. His right to sue in forma pauperis was contested by the 2nd respondent therein in the, first instance and thereafter, given up resulting in the suit being transferred to the Court of the Munsiff at Kolar. The suit was for recovery of a certain sum from the defendants 1, 2, 3 and 4. The 2nd defendant was the driver of the bus in which the plaintiff was travelling and in the course of Such travel the bus was involved in an accident as a result of which the plaintiff suffered fracture of the right femur resulting ultimately in amputation of his right leg.

(3.) The plaintiff's suit claim was for damages as a result of the rash and negligent driving of the bus by the 2nd defendant Venkataramaiah (who died during the pendency of the proceedings) . The plaintiff was travelling on 7-4-1960 from Chintamani to Srinivasapura in a motor vehicle (stage carriage) bearing registration No. MYF 2616 owned by the 1st defendant-appellant. The bus went off the road as a result of which it fell into a ditch thereby causing injuries to passengers and among them the plaintiff was one who suffered fracture of the right femur ultimately causing him the loss of his right leg and total disability to. eke out a living by manual labour as blacksmith which was his profession prior to the accident.