K C KUMARAN Vs. VALLABHADAS VASANJI

JUDGEMENT

(1.) The plaintiff in O.S. No. 25 of 1959 of the Subordinate Judge's Court, Kozhikode, has preferred this Second Appeal challenging the decision of the Courts below dismissing the suit filed by him for recovery of Rs. 10,000 from the defendants by way of damages.

(2.) The plaintiff's case was that on the 15th of May, 1958, while he was proceeding on a motor cycle from west to the cast along Gandhi Road in Calicut City, a Hill man car owned by the first defendant and driven by the second defendant dashed against his motor cycle as a result of which the plaintiff sustained grievous injuries on his right leg necessitating his treatment as an in patient in the Government Headquarters Hospital for more than six months. It is alleged that the accident was caused on account of negligence on the part of the driver of the car who suddenly reversed the vehicle and later moved southwards without sounding the horn or indicating the direction in which he was trying to proceed.

(3.) The defendants contended that the accident occurred because of the plaintiff's own rash and negligent handling of the motor cycle and not on account of any negligence on the part of the driver of the car. They pleaded that the plaintiff had absolutely no cause of action against the defendants and was not entitled to recover any amount from them by way of damages. They also questioned the various items of damages claimed in the plaint and put the plaintiff to strict proof therewith.