K.J.JOSEPH Vs. BENNY MARKOSE

JUDGEMENT

(1.) In a suit for damages,

(2.) The appellant is the plaintiff in O.S.No.888/1991 on the files of the II Additional Sub Court, Ernakulam. The aforesaid suit is one for damages claiming an amount of Rs.1,00,000/-, as compensation, on the allegation that damages to the plaint schedule building was caused, by the unlawful blasting of rock, by the 1st respondent, in execution of the work - the construction of canal that passes near the plaint schedule building, under the Periyar Valley Irrigation Project- awarded to him, by the

(3.) rd respondent. It is pleaded that the blasting of rock was done without obtaining necessary licence, for blasting of rock and taking protective measures, to prevent damage to the buildings, in the neighbourhood. In short, the damage to the building was caused, by the reckless blasting operation done, by the respondents, without taking preventive measures. 3. The defendants denied the cause of damage of the building alleged against them and contended that the construction of the plaint schedule building was defective and the quality of materials used was substandard. The blasting was done by an experienced and licensed person using gun powder in 3 Ft. drilled holes, under the supervision of the Engineer, after taking sufficient protective measures and there was no huge tremor, as alleged by the appellant.