STATE OF KERALA Vs. JOSEPH

JUDGEMENT

(1.) DEFENDANTS in O. S. No. 237 of 1990 on the file of Prl. Sub Court, North Parur are the appellants. The appeal arises out of a suit for damages filed by the plaintiff-respondent against the defendants to the tune of Rs. 50,000/ -. The facts are not very much in dispute. Plaintiff is son of one Varghese who was a contractor and happened to be the President of Parent Teachers association, hereinafter indicated by abbreviated form'p. T. A. ' of Government l. P. School, Chully. A new wing was put up in that school the P. T. A. was helping for this purpose. Plaintiffs father was supervising this work. Plaintiff, a man aged about 28 years who had completed SSLC without any avocation was helping his father. On 12. 3. 1986 he went to the work site and it began to rain. He took shelter in the veranda of the building of the school. At that time, classes from 1 to 4th standards were being run there. The building collapsed. Several students, teachers and the plaintiff were injured. Plaintiff sustained injury to his spinal cord. He was admitted to the Medical Trust Hospital, Ernakulam. He contended that he was continuing the treatment and has spent over Rs. 68,000/-and he claimed 50,000/- as damages.

(2.) DEFENDANTS disputed their liability for paying any damages. Though they admitted the collapse of the building and the fact that students and teachers were injured, according to them, it was an accident, a vis major.

(3.) THE point that arise for consideration is whether the plaintiff can claim any damages and if so what quantum.