B GANAPATHI PAI Vs. VEERAPPA RUDRAPPA KOTIWALA FIRM

JUDGEMENT

(1.) The plaintiff in Spl.S.No.22 of 1963 on the file of the Civil Judge, Hubli, is the appellant in this appeal. The said suit was instituted for damages amounting to Rs.75,000 against the defendants for the physical injuries caused to the plaintiff on account of the motor car belonging to defendant 1 being driven rashly and negligently. Defendant 2 is the insurer ot the motor car. The case of the plaintiff as disclosed in the plaint is that on 29-6-1962 at about 11-00 a.m. the plaintiff was travelling in the car MYW 1384 along Poona-Bangalore Road from Hubli at a speed of 20 to 25 miles per hour.

(2.) The road in question is a National High Way. When the said car had travelled about six miles from Hubli, the car bearing number MYX 582 belonging to defendant 1 came from the opposite direction and it was being driven at a high speed at that time. On account of the negligence of the driver of the Car MYX 582, who was working in the course of the employment of defendant 1, there was a collision between the said car and the car in which the plaintiff was travelling. As a consequence of such collision, the plaintiff suffered injuries on his left leg, which resulted in the fracture of the left thigh bone of the plaintiff. On the basis of the above allegations, the plaintiff instituted the suit.

(3.) It is unnecessary in this case to refer to all the 'allegations raised by the defendants in their written statements for the purpose of this appeal. The only contention which requires to be noticed is that the suit was barred by limitation.