PORATHISSERY GRAMA PANCHAYATH Vs. ANTHONY

JUDGEMENT

(1.) Porathissery Grama Panchayat, the 1st defendant in O.S.No.1729 of 2003 before the Principal Munsiff's Court, Irinjalakuda, is the appellant. Panchayat has filed the appeal aggrieved by the reversal of trial court's decree and judgment by the lower appellate court, whereby a suit filed for compensation and damages was allowed by the lower appellate court. Plaintiff and 2nd defendant are the respondents in this appeal.

(2.) Case in the plaint, stated briefly, is as follows: The plaintiff/1st respondent is a porter in the Food Corporation of India, Ankamaly. On 18.06.2003 at 7.35 a.m., while he was proceeding to a bus stop to attend to his duties, a stray dog attacked him and bit on his leg. He was immediately taken to Medical College Hospital, Mulankunnathukavu, Thrissur. He was required to take anti -rabis vaccination. Since the medicine was not available in the Medical College Hospital, it was brought from Coimbatore at a cost of Rs.14,076/ -. He mobilised the amount through his friends and relatives. He was given other medicines and rabipur injection at a cost of '.264/ - per day, for three days. He had also incurred travelling expenses and bystandard's expenses. According to the plaintiff, he had incurred Rs.20,000/ - towards the medical treatment and other expenses. It was the mandatory duty of the Grama Panchayat to render help to the inhabitants of the Panchayat in respect of the functions enumerated in item No.27 to Third Schedule of the Kerala Panchayat Raj Act, 1994 (in short, "the Act). The 1st defendant did not do anything to fulfill the mandatory duties cast on it by the provisions of the Act and the relevant Rules. According to the plaintiff, he is entitled to get Rs.3,500/ - as damages, Rs.5,000/ - for agony and tension and Rs.5,000/ - for pain and suffering. Though he claimed Rs.13,500/ - as special damages, he limited it to Rs.10,000/ -. Thus the total compensation claimed by the plaintiff is Rs.30,000/ - with interest @ 12% per annum from the date of suit till realisation.

(3.) First defendant filed a written statement admitting that the plaintiff had been bitten by a stray dog. Immediately after getting a report regarding the incident, the Panchayat convened an urgent meeting and decided to pay Rs.500/ - as assistance for the medical aid to persons who were bitten by the stray dog. It was estimated that about 30 persons were bitten by the stray dog. 1st defendant Panchayat also requested the Government for financial assistance. But the Government failed to give any assistance to the Panchayat. The quantum of amount claimed in the plaint is denied by the 1st defendant Panchayat. From the written statement, it can be seen that the Panchayat per se did not deny its liability under the relevant Act and Rules.