6 days ago
Owner liable for damage caused by animal, rules Kerala HC
Kochi: High court has held that even though there was no intent or negligence on the part of the owner or keeper of a dangerous animal, such as an elephant, the owner is still liable for the damage caused by the animal.
The court made the ruling while dismissing a petition filed by K R Antony of Thrissur, the owner of an elephant named 'Bastin Vinayashankar', challenging a trial court order which awarded Rs 10 lakh as compensation to the family of a man who died from injuries sustained during an attack by the animal.
The incident occurred during a procession held as part of the festival at Kuttikattu Devi Temple at Moolavattom, Kottayam, in 2008.
During procession, the elephant ran amok and attacked Vincent Babu, a local resident. It was stated that Vincent, an ardent devotee, had mounted the elephant along with two others at the request of the temple's office bearers. While the elephant was running amok, it pulled Vincent down, trampled him, and struck him with its trunk, causing severe injuries. As a result, he was rendered paralysed and became dependent on others for his daily activities.
He ultimately succumbed to his injuries a year later.
The petitioner contended that Vincent and his friend, who was allegedly intoxicated, had provoked the elephant by embracing its tusks, causing it to panic and push them away. He claimed that the incident occurred due to the contributory negligence of the victim.
However, the court, referring to its previous rulings, noted that defences such as provocation by a third party, claims that the animal was well-trained or tamed, or assertions that it had no prior history of violence, are legally unsustainable when dealing with inherently dangerous animals. Accordingly, the court held that the owner of the elephant is liable for the damage caused by it. The bench upheld the trial court's decision awarding Rs 10 lakh in compensation to Vincent Babu's family.
