H D SHETTY Vs. SECRETARY AND FINANCE CONTROLLER

JUDGEMENT

(1.) The plaintiff in OS 1065/92 who is aggrieved by the dismissal of his suit for recovery of money has preferred the above appeal.

(2.) The suit for recovery of money on account of damage caused to his Maruti Van bearing Registration No. VAO 4117 was'filed. It appears that on invitation extended to him by the South Kanara District Poultry Farmers Cooperative Society who had organised a poultry feed conference at hotel Windsor Manor on 22.7,1989, the appellant participated and had gone to the hotel in his Maruti van mentioned above. The conference was between 12-30 and 1-30 and when the appellant came out to found mat a dried up and dead tree in the compound fell on his van ana causing extensive damages. The appellant lodged a complaint with the hotel authorities under Ex.P.3 and also got the police complaint Ex.P.4. Under Ex.P.11, he called upon the respondent to settle the claim; as there was no response after giving a legal notice, the present suit has been filed.

(3.) It was contended by the defendant that the vehicle parked inside the hotel Windsor Manor is purely on owner's risk. In fact the appellant had parked his vehicle at no parking zone and the damage suffered by the appellant is due to the Act of God. On the said pleading, the Trial Court has framed as many as 16 issues. The appellant examined himself as PW.1 and had Exs.P.1 to P.15 marked. On behalf of the respondent, Exs. P.1 was marked and DW.1 was examined. Answering the issue apainst the plaintiff, the suit was dismissed.