Dated this the 18th day of June, 2025
The 1st defendant in O.S.No.1634 of 2010 on the file of the 1 st
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 1 st
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
gathered there ran away. In the process, the plaintiff fell down and at that
time, the elephant stamped him and he sustained serious injuries including
2025:KER:43237
fracture of bone. In connection with the same, he was treated in Jubilee
Mission Hospital, Thrissur and he underwent two surgeries. He had to spent
Rs.75,000/- towards his treatment. Moreover, he had suffered severe mental
pain and agony because of the injuries sustained in the incident. Alleging that
the incident occurred due to the negligence of defendants 1 and 2, the plaintiff
preferred the suit claiming compensation.