MANAPARAI MUNICIPALITY Vs. VEERAMMAL

JUDGEMENT

(1.) Second Appeal is filed under Section 100 of the Code of Civil Procedure, against the judgment and decree dated 07.09.2012 in A.S.No.132 of 2011 on the file of the Principal District Judge, Tiruchirappalli in confirming the judgment and decree dated 12.10.2009 made in O.S.No.843 of 1999 on the file of the II Additional Subordinate Judge, Tiruchirappalli. Manapparai Municipality/first defendant, as against whom the suit instituted by the plaintiffs, has been decided both in the trial Court as well as in the first appellate Court, is before us.

(2.) Admittedly, Ramalingam, is the head of the family of the plaintiffs. He was an agent canvassing for and on behalf of Rani Mangammal Transport Corporation. He is eking out his livelihood by engaging himself in such operation in the Manapparai Depot of the said Corporation. On the fateful day, namely on 18.05.1994, at about 9.15 a.m., he did not know that he will be called by his Maker. When he was standing underneath the sun -shed maintained by the Municipality, suddenly, it collapsed and fell on Ramalingam. Ramalingam fell as a dead man. He was lifeless. In the circumstances, the plaintiffs sued the Manapparai Municipality as well as the other defendants claiming damages for their negligence in not properly maintaining the sun -shed. They sought for damages to the extent of Rs.1,50,000/ -.

(3.) The main contesting party/first defendant Manapparai Municipality resisted the claim. It did not deny that unfortunate event. It did not deny that Ramalingam having become immortal, but it would deny that there is no fault or negligence on its part. It would also plead that the collapse of the sun -shed was beyond the control of the Municipality. Thus, it pleads 'Act of God'. Further, it would also plead that age of the deceased and other details, have not been proved.