N.RETNAMMA AMMA Vs. SAKUNTHAMANI

JUDGEMENT

(1.) THE first defendant in O.S.No.201/1998 is the appellant herein. The respondents are the plaintiffs and the second defendant (fifth respondent Insurance Company).

(2.) THE court below decreed the suit and allowed plaintiffs 2 and

(3.) IT is contended by the learned counsel for the appellant that the deceased was not careful in dealing with the elephant and remained close to it. The elephant was brought as per an offering made by the father of the deceased Udayabhanu. It is submitted that these aspects have been properly pleaded in the written statement but the same have not been considered by the court below.