The court held that Art.22 of the Indian Limitation Act, 1908 applied to the case, and the suit was time-barred.

1. This is an appeal by the first defendant in an action for damages for personal injuries. The plaintiff is an advocate practising in the District Court at Kottayam. The first defendant is an incorporated Company, called the Swaraj Motors (Pvt.) Ltd., which is engaged, among other things, in the operation Of stage carriages. One of its motor buses, K.LK. 3026 was running express service between Ernakulam and Kottayam. At 9-45 A. M. on 9-1-1959, the plaintiff got into this bus at Kaduthuruthy for going to Kottayam. At 10-45, after the bus had proceeded some distance, it capsized at a place called Adichira, While negotiating a curve and giving side for another bus coming in the opposite direction. The plaintiff was thrown off and fell under the bus, as a result of which he suffered a compound fracture of the bone of the lower part of the left leg a lacerated wound on the right toe and an abrasion on the dorsum of the right foot. The plaintiff was immediately taken to the Kottayam District Hospital, where he was given first aid and sent to the Medical College Hospital, Trivandrum for better treatment. He was admitted in this hospital on the same day and he was advised that an amputation of the leg would be necessary. Medical advice was therefore, sought at the General Hospital, Madras; and Dr. M. Natarajan, who was then in charge of the Orthopaedic unit of that hospital gave the opinion that, if the patient was brought to Madras, he could try to save his limb. Accordingly the plaintiff was discharged from the Trivandrum Hospital on 6-2-1959, flown to Madras and admitted for treatment in the Madras General Hospital on 7-2-1959. He was given conservative as well as operative treatments; and was discharged on 7-5-1959. The treatment was successful; but he did not gain normality. On 5-10-1959, he was again admitted in the Madras General Hospital, and treated as inpatient till 25-2-1960. He had to undergo a third course of treatment as inpatient, for which be was admitted in the same hospital on 5-4-1960 and discharged on 24-4-1960. On 6-4-1960, the plaintiff, through his advocate, issued a notice to the first defendants claiming damages for the personal injuries caused to him as a result of the above accident; and on 2-1-1961, this action was instituted.

2. In the plaint, the plaintiff has alleged that the second defendant was the driver of the bus at the time of the accident, that he was the first defendant's employee, that the first defendant failed to provide a careful, cautious and skilful driver, that the second defendant did not drive the bus with due care, caution and skill, that he was guilty of violating the traffic regulations and rates, and that the accident took place as a result of driving the bus rashly and recklessly at fast and furious speed, while negotiating a sharp curve. The plaintiff claimed Rs. 10,000/-on account of amounts already spent for treatment and other incidental expenses, Rs. 2,000/-on account of expenses for future treatment, Rs. 10,000/- for loss of professional income, and Rs. 25,000/-as damages for the pain, inconveniences, loss of enjoyment and shortened expectation of life, and reduced capacity for work. In all, he claimed Rs. 47,000/-as damages. The second defendant did dot contest the suit. The first defendant filed a written statement, disputing the plaintiff's claim on several grounds. It denied that the second defendant was an employee of the first defendant. At the same time, it refuted all the charges of negligence against the second defendant, and contended that he drove the bus with due care, caution and skill and ability, experience and forethought. It also stated that the plaintiff was standing on the foot-board of the bus, without taking a seat which was offered to him, and that he would not have been injured at all, if he did not travel: standing on the foot-board. The first defendant also denied the plaintiff's claim for all items of damages, and further contended that t