KUTTANKULANGARA DEVASWOM Vs. C.P.RAGHAVA PISHARADI

JUDGEMENT

(1.) The 1st defendant in O.S.No.1634 of 2010 on the file of the 1st Additional Sub Judge, Thrissur is the appellant. (For the purpose of convenience the parties are hereafter referred to as per their rank before the trial court).

(2.) The plaintiff filed the above suit for damages in respect of the injuries sustained when he was attacked by an elephant belonging to the 1st defendant Devaswom. As per the plaint, the plaintiff is an artist participating with his performance in almost all famous temples in Kerala. He was an expert in performing an instrument called 'Elathalam' and he was a member of 'Panchavadhyam' team representing Cheruthuruthy desom in Kozhimamparambu Pooram festival held on 7/3/2007. The 2nd defendant was the Secretary of the pooram festival committee. 3rd defendant is the insurer of the elephant. During the festival, an elephant by name 'Kuttankulamgara Ramadas', owned by the 1st defendant turned violent and at that time people gathered there ran away. In the process, the plaintiff fell down and at that time, the elephant stamped him and he sustained serious injuries including fracture of bone. In connection with the same, he was treated in Jubilee Mission Hospital, Thrissur and he underwent two surgeries. He had to spent Rs.75,000.00 towards his treatment. Moreover, he had suffered severe mental pain and agony because of the injuries sustained in the incident. Alleging that the incident occurred due to the negligence of defendants 1 and 2, the plaintiff preferred the suit claiming compensation.

(3.) In the written statement filed by the 1st defendant, they denied their liability to pay the compensation to the plaintiff. However, it is also contended that the elephant was insured with the 3rd defendant. The 2nd defendant in their written statement contended that the Pooram festival committee was an ad-hoc committee constituted for the purpose of the Pooram alone and thereafter the committee was dissolved. The 2nd defendant also denied the liability to pay compensation to the plaintiff.