ARULMIGU THANDAYUTHAPANI SWAMY THIRUKOVIL Vs. V. RAJESH

JUDGEMENT

(1.) These Appeal Suits are filed against the Judgment and Decree, dated 22.09.2011 passed in O.S.Nos.65, 107, 108 and 109 of 2008 respectively, on the file of the learned Additional District Judge (Fast Track Court), Dindigul.

(2.) Arulmighu Thandayuthapani Swamy Thirukovil is situated at the top of Palani Hills. Palani Devasthanam is controlling the affairs of the Temple. They have availed the services of M/s.Ropeway Resorts (P) Limited for running rope cars for the conveniences of the pilgrims to reach the top of the Hill, where the Sanctum Sanctorum is situated. On 26.08.2007 the accident had taken place due to collision of the cars in which four persons died. The dependents of the deceased persons have preferred four suits before the Fast Track Court (Additional District Judge), Dindigul, claiming compensation. The learned Additional District Judge, vide its judgment and decree dated 22.09.2011, had held that the claimants are entitled to compensation and awarded a total compensation of Rs.28,37,284/-. It was further directed that all the respondents therein shall be liable to pay the compensation jointly and severally.

(3.) According to the Palani Devasthanam, running of rope cars is covered by the insurance policy issued by M/s.National Insurance Company Limited. The policies were in force between 05.11.2006 and 04.11.2007 and, therefore, the Insurance Company alone is liable to pay compensation and the order passed by the District Court fixing liability on them is not sustainable. Even assuming that the Insurance Company is not liable, the responsibility of maintenance is with M/s.Ropeway Resorts (P) Limited and hence, they are liable and not the Palani Devasthanam.