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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR
Kuttankulangara Devaswom, Kuttankulangara Desom, Thrissur Taluk, Represented By The Secretary – Appellant
Versus
C.P. Raghava Pisharadi, S/o. Narayana Pisharadi – Respondent
| Table of Content |
|---|
| 1. principle of indemnity and insurer's liability. (Para 20) |
| 2. ruling on insurer's liability based on bona fide mistake. (Para 21) |
| 3. appeal allowed; insurer directed to pay compensation. (Para 22) |
JUDGMENT :
(C. PRATHEEP KUMAR, J.)
The 1st defendant in O.S.No.1634 of 2010 on the file of the 1st Additional Sub Judge, Thrissur is the appellant. (For the purpose of convenience the parties are hereafter referred to as per their rank before the trial court).
2. The plaintiff filed the above suit for damages in respect of the injuries sustained when he was attacked by an elephant belonging to the 1st defendant Devaswom. As per the plaint, the plaintiff is an artist participating with his performance in almost all famous temples in Kerala. He was an expert in performing an instrument called 'Elathalam' and he was a member of 'Panchavadhyam' team representing Cheruthuruthy desom in Kozhimamparambu Pooram festival held on 7.3.2007. The 2nd defendant was the Secretary of the pooram festival committee. 3rd defendant is the insurer of the elephant. During the festival, an elephant by name 'Kuttankulamgara Ramadas', owned by the 1st defendant turned violent and at that time people
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