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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR
K.R. Antony S/o K.A. Rappai – Appellant
Versus
Kunjumol W/o Vincent Babu – Respondent
JUDGMENT :
(C. PRATHEEP KUMAR, J.)
1. The 1st defendant in O.S. No.122 of 2013 on the file of the Additional Sub Judge, Kottayam is the appellant. (For the purpose of convenience, the parties are referred to as per their rank before the trial court).
2. Originally, the suit was filed by one Vincent, claiming compensation for the injuries sustained when an elephant named Bastin Vinayashankar, owned by the 1st defendant, attacked him and inflicted serious injuries to him. Thereafter, during the pendency of the suit, Vincent died and accordingly his widow and minor children were impleaded as additional plaintiffs 2 to 4.
3. According to the plaintiffs, Vincent, who was an ardent devotee of the 5th defendant-Kuttikkattu Temple, took part in the procession of the temple on 24.4.2008, as demanded by the office bearers of the temple. As demanded by them, he along with two other persons mounted the top of the elephant, and at about 4 p.m. when the procession reached near Moolavattom Railway cross, the elephant ran amok. At that time, defendants 2 and 3, who are the mahouts flee away without attempting to control the elephant. The elephant pulled Vincent down, stamped him and beat him with trun
The principle of strict liability applies to injuries caused by dangerous animals, making the owner liable regardless of negligence.
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