KOZHIKODE CORPORATION Vs. VIPIN (MINOR)

JUDGEMENT

(1.) The Corporation of Calicut, the defendant in O.S.No.82 of 2007 of the II Additional Sub Court, Kozhikode is the appellant. It challenges the concurrent findings and judgment and decree of the courts below making it liable to pay damages to the tune of Rs. 65,000/- to the respondent/plaintiff, a minor aged about ten years at the time of the alleged incident.

(2.) Respondent, a minor aged 10 years (then) represented by her next friend filed O.S.No.82 of 2007 in the II Additional Sub Court, Kozhikode claiming damages on the allegations that the appellant had placed broken slabs on the side of the P.M.Kutty road in a negligent manner, that on 29.11.2003 while the respondent and his friends were standing on the side of the said road, a broken slab fell on his left leg causing a crash injury. He was rushed to the Medical College Hospital, Kozhikode where his left big toe was amputated.

(3.) Appellant contended that there was no negligence on its part and that the responsibility if any was on the contractor employed by the appellant to carry our repair/construction work of drain and footpath. Appellant denied that broken slabs were kept on the side of the road and that the respondent suffered any injury due to the fall of broken slab. A further contention is that the suit is barred under Secs.509 and 544 of the Kerala Municipalities Act.