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2023 Supreme(Online)(Ker) 61850

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
NASEEMA BEEVI DAUGHTER OF ABIDA BEEVI – Appellant
Versus
AMEER SHAHUL @ AMEER P.S. – Respondent
FAO NO. 331 OF 2011 | OS 100/2004



Advocates:
For the Appellants/Petitioners: SRI.V.SURESH, SRI.G.SUDHEER
For the Respondents: SRI.R.S.KALKURA, SMT.P.ANJANA, SMT.R.BINDU, SRI.HARISH GOPINATH, SRI.M.S.KALESH, SRI.P.M.UNNI NAMBOODIRI

Territorial jurisdiction can be established where the effects of the wrongful act are felt, allowing the plaintiff to file a suit locally under Section 19 of the Code of Civil Procedure.

Headnote:(A) Code of Civil Procedure - Section 19 - Territorial jurisdiction for suing for compensation - The plaintiff, mother of the deceased, was allowed to institute the suit in the Sub-Court where the effects of the wrongful death were felt, despite the death occurring in New Delhi. The court emphasized the broader interpretation of 'wrong' to include effects, thereby asserting jurisdiction. (Paras 8, 10, 12, and 13)

(B) The plaintiff's position of financial dependency and loss from the death of the sole earning member was a significant factor in establishing jurisdiction. Findings indicated that both the act and its effects give rise to a cause of action. (Paras 3, 11, and 12)

Facts of the case:
The plaintiff's daughter, who was a maidservant in New Delhi, died under circumstances that raised suspicion of ill treatment. The plaintiff, residing in poverty, sought compensation after the defendants denied liability despite issuing a notice.

Findings of Court:
The Sub-Court, Nedumangad, has territorial jurisdiction to try the suit; hence the returned plaint should be accepted, and the case tried on merits.

Issues: The primary issue revolved around whether the Sub-Court had the jurisdiction to entertain the suit based on the interpretation of 'wrong done' within Section 19.

Ratio Decidendi: The court ruled that jurisdiction can be asserted where the plaintiff feels the effect of the injury, thus allowing the suit to be filed locally despite the incident occurring elsewhere.

Result: The appeal was allowed, and the lower court’s order was set aside.

Table of Content
1. plaintiff filed suit claiming compensation. (Para 1 , 2 , 3)
2. defendants argue nisamol was employed as a maid. (Para 4)
3. trial court returned plaint due to jurisdiction issues. (Para 5)
4. appellant argues jurisdiction based on effect of death. (Para 6 , 7)
5. respondents assert new delhi jurisdiction is proper. (Para 8)
6. territorial jurisdiction includes effect of the act. (Para 10 , 12)
7. court determines jurisdiction and orders trial. (Para 11 , 13)

JUDGMENT

(Dated this the 3rd day of October, 20223)

The plaintiff in O.S. No. 100 of 2004 on the files of the Sub-

Judge, Nedumangad is the appellant and the respondents were the defendants therein. The suit was filed claiming compensation of Rs.3,00,000/- together with future interest at the rate of 18 %

p.a from the defendants and their assets.

The brief facts necessary for the disposal of this appeal are as follows:-

2. The plaintiff is the mother of the deceased Nisamol who passed away on 02.06.2001 in New Delhi at the residences of defendants 1 and 2. She is residing in Lekshamveedu colony having no means of her own other than 4 cents of property and has small building thereon. The plaintiff is a chronic heart patient suffering from other ailments and cannot work to earn her livelihood. She has a son who is blind and invalid. The deceased Nisamol was the only earning member of the family. The 1st defendant was employed in New Delhi along with his wife, the 2nd defendant. The 3rd defendant is the father of the 1st defendant, and the 4th defendant is the relative of the 3rd defendant. Defendants 3 and 4, having close acquaintance with the plaintiff and made a proposal to the plaintiff to take her daughter Nisamol to Delhi to look after the kids of defendants 1 and 2. As plaintiff and her children were in extreme poverty, she was forced to accept the proposal of the 3rd & 4th defendant. Accordingly, Nisamol was taken to Delhi on 05.12.2000.

3. On 02.06.2001, the 4th defendant informed the plaintiff that her daughter was ill and admitted to a hospital in Delhi. The plaintiff was taken to Delhi by Air on that day itself, along with her uncle. The 1st defendant informed the plaintiff that Nisamol died due to blood cancer. The body of Nisamol was taken back to the native place and buried at the graveyard of Mangalappally Jama Ath, Mathira. The plaintiff suspected that the death of the daughter was due to the ill treatment of defendants 1 and 2. The plaintiff was shattered by the unnatural death of her only daughter, the only earning member of the family. The plaintiff has lost all her amenities, ambition, happiness, peace of mind, and everything in her life. The defendants are jointly and severally liable for putting the plaintiff in misery. Though a notice was issued to the defendants to pay compensation, they were not amenable, so the suit was filed.

4. The defendants proceeded with the suit by filing a written statement. It was contended that the 2nd defendant is employed in New Delhi and Nisamol was taken as a maidservant to work as a babysitter for their one and half-year-old baby, on the representation of the plaintiff to take her as a domestic servant. The salary was fixed at Rs.1,000/- per month, and the amount was being regularly sent by cheque to the bank of the plaintiff. When taking the plaintiff’s daughter to Delhi, the plaintiff was told that Nisamol was having ailments of bleeding through her nose, and therefore, she was treated at AIIMS, New Delhi. On

02.06.2001, when defendants 1 and 2 went out and returned by 8.00 pm; the house was locked, and when they peeped thought the window, it was found that Nisamol was hanging. The matter was informed to the police, and postmortem examination was conducted by the Forensic Department of AIIMS and the dead body was taken back by Air, and the 1st defendant had incurred an expenditure of Rs.1.5 Lakh for that. The Delhi Police submitted a report finding it as a suicide case.

5. The learned Sub Judge, after framing t

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