K. R. ANTONY Vs. KUNJUMOL

JUDGEMENT

(1.) The 1st defendant in O.S. No.122 of 2013 on the file of the Additional Sub Judge, Kottayam is the appellant. (For the purpose of convenience, the parties are referred to as per their rank before the trial court).

(2.) Originally, the suit was filed by one Vincent, claiming compensation for the injuries sustained when an elephant named Bastin Vinayashankar, owned by the 1st defendant, attacked him and inflicted serious injuries to him. Thereafter, during the pendency of the suit, Vincent died and accordingly his widow and minor children were impleaded as additional plaintiffs 2 to 4.

(3.) According to the plaintiffs, Vincent, who was an ardent devotee of the 5th defendant-Kuttikkattu Temple, took part in the procession of the temple on 24/4/2008, as demanded by the office bearers of the temple. As demanded by them, he along with two other persons mounted the top of the elephant, and at about 4 p.m. when the procession reached near Moolavattom Railway cross, the elephant ran amok. At that time, defendants 2 and 3, who are the mahouts flee away without attempting to control the elephant. The elephant pulled Vincent down, stamped him and beat him with trunk and as a result of which he sustained serious injuries namely, Traumatic Paraplegia, fracture 2nd lumbar vertebra, Subtrochanteric fracture of right femur, Fracture superior and inferior public rami right side pelvis, Tibial lateral condyle fracture right knee Intra articular and Tibial spine fracture. Immediately he was admitted in Medical College Hospital Kottayam and he was treated as inpatient till 2/6/2008. Because of the injuries sustained in the incident, he had been paralysed and was not in a position to do his day to day affairs without the help of others. Ultimately, he succumbed to the injuries on 11/7/2009. The compensation claimed in the suit was Rs.33,72,000.00. The 4th respondent is the insurer of the elephant and 5th respondent is Kuttikkattu Bhagavathi Devaswom.