B.M.Kalagate, J. - (1.) The suit out of which this appeal arises was Instituted by the respondent-plaintiff claiming Rs. 71,200/- as damages for the injury sustained by him in a bus accident causes by the negligence of the appellants-defendants. The trust Court awarded him Rs. 35,200/- as damages, and hence this appeal by the defendants.
(2.) The plaintiff instituted the suit (Special Jurisdiction Civil Suit No. 5 of 1954) in the Court of the Civil Judge Senior Division, Karwar, against the defendants. The Bombay State Road Transport Corporation is defendant 1, and defendant 2 is its driver.
(3.) It is the plaintiffs case that on 29th March 1954 defendant 1 used the Passenger Bus No. BYL 9436 for carrying passengers from Hubli to Ankola. Defendant 2, the diver, was put on duty to drive the said bus. The plaintiff was one of the passengers in that bus. According to the plaintiff, the bus was not roadworthy even before it left Hubli. Its right front spring was not in proper order and had been damaged. Defendant 2, the driver, had also the knowledge that the bus was unroadworthy. But, in spite of this, defendant 1 put the bus on the road, and defendant 2 undertook to drive the same from Hubli to Ankola. In the course of the journey, when the bus reached the narrow deviation road, some five miles from Ankola, the main leaf of the front right spring of the bus completely gave way, with the result that the bus deflected to the right and ran off the road and overturned on its side on the right side slope of the road bank. The plaintiff was, at that particular moment, occupying the front seat near the right side window of the bus. Most of the passengers sitting to his left fell on him and his right fore-arm and palm were caught between the top of the bus and the ground. He was in that position for nearly 2 to 3 hours and had to undergo great pain and suffering till the bus was rescued. He was then taken to his family doctor and thereafter to Karwar, for treatment. The doctor found that there were compound fractures. His palm was then operated upon. When he recovered, he found that his right palm from his wrist joint had become permanently impaired.;