GOPALAKRISHNAN CHETTIAR Vs. ANNAMMA DEVASSYE

JUDGEMENT

(1.) Defendants 4 and 5 in O. S. No. 298 of 1978 on the file of the Court of Subordinate Judge, Kottayam, are the appellants. The suit is for damages.

(2.) 5th defendant was conducting a photo studio at Changanacherry by name "Revi Studio''. There is an open compound belonging to the 1st defendant, behind the studio. Defendants 2 to 4 were employees in the studio. According to the plaintiff, defendants 2 to 5 with the concurrence and knowledge of the 1st defendant planted a galvanised iron wire net just behind the studio without giving any warning that the wire net was alive. One Devassia who is the husband of the 1st plaintiff and father of plaintiffs 2 to 6 and a head-load worker in the Changanacherry market, happened to cross the open compound on his way to the market at about 7.15 a.m. on 8-3-1977, and to come into contact with the wire net. He was entrapped by the wire and died at the spot by electrocution. Devassya was only 37 years old when he died and he was having good physique and earning a daily income of Rs. 40/- to Rs. 50/. Plaintiffs were completely depending upon his income for their livelihood and therefore the plaintiffs are entitled to get damages of Rs. 1,00,000/- from the defendants, but they limited their claim to Rs. 50.000/-. Despite notice, the defendants did not care to settle the claim of the plaintiffs and hence plaintiffs filed the suit for realisation of damages to the tune of Rs. 50,000/- with 6% interest and costs.

(3.) In the written statement filed by the 1st defendant he alleged that he is not the owner of the compound in question and pleaded ignorance as to the setting up of the wire net and the making of it alive by electric connection.