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2024 Supreme(Ker) 255

SATHISH NINAN
State Of Kerala – Appellant
Versus
Sudheer Kumar, S/o Rajendran – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SMT.K.B.SONY, GOVERNMENT PLEADER
For the Respondent: SRI.M.R.ANANDAKUTTAN, SMT.M.A.ZOHRA, SRI.R.S.MADHU, SRI.MAHESH ANANDAKUTTAN

JUDGMENT :

The decree in a suit for damages is under challenge by the defendants.

2. The plaintiff is an employee of Indian Coffee House. On 16.07.1999 at about 1.50 p.m., while the plaintiff was walking along the footpath in front of the Attakulangara Sub Jail, somebody threw an explosive at certain accused who were under judicial custody and were being brought to the jail. The plaintiff sustained severe injuries. Consequent on the explosion, one among the accused died. The other accused sustained severe injuries. Consequent on the injury, the plaintiff suffers 50% disability. The suit was laid claiming an amount of Rs.10 lakhs as damages.

3. The defendants contended that there was no negligence on their part in maintaining law and order and that they are not liable for any damages.

4. The trial court granted a decree for Rs.5 lakhs.

5. I have heard the learned counsel on either side.

6. Relying on the judgments in Hill (Administratrix of the Estate of Jacqueline Hill deceased) (A.P.) v. Chief Constable of West Yorkshire (1990) 1 WLR 946, and Robinson v. Chief Constable of West Yorkshire Police (2018) UKSC 4, the learned Government Pleader would contend that, while analysing the questio

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