LAWS(KER)-2015-8-114

GURUVAYUR DEVASWOM MANAGING COMMITTEE Vs. SATHYAN AND ORS.

Decided On August 11, 2015
GURUVAYUR DEVASWOM MANAGING COMMITTEE Appellant
V/S
Sathyan And Ors. Respondents

JUDGEMENT

(1.) O.S.No.19/2014 of the Subordinate Judge's Court, Chavakkad is filed by the 1st respondent herein for realisation of an amount of 11,35,000/- towards compensation with interest at the rate of 12% per annum from the defendants. The 2nd defendant in the suit is the Guruvayur Devaswom Managing Committee. According to the plaintiff, he was carrying the idol of Devi on the elephant by name "Seshadri" belongs to the 2nd defendant on 29.12.2011 at 9.30 p.m. during the festival at the 1st defendant temple. The elephant became violent and ran amok and, the plaintiff was pulled down by the elephant to the ground thereby he sustained very serious injuries. He has to spend lakhs of rupees for treatment and is still undergoing treatment. The elephant belongs to Guruvayur Devaswom and the same was hired out to the 1st defendant Puthalath Ayyappa Kshethram in connection with the annual festival.

(2.) The petitioner contended that the suit is not maintainable before the Subordinate Judge's Court, Chavakkad, whereas the suit ought to have been filed before the District Court, Thrissur. The maintainability of the suit was challenged before the court below. The court below, through the impugned order, held that the suit is maintainable before the court below.

(3.) Even though notice has been served, there is no representation for the respondents. Heard learned counsel for the petitioner.