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 east 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.

It is averred in the plaint that the car was driven right across the road at a very high speed so suddenly that the plaintiff could not take any action to avert the collision and that there was no negligence whatever o