IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 RFA.NO. 459 OF 2010() --------------------- [OS.150/2007 OF THE ADDL.SUB COURT, PALAKKAD} .................... APPELLANT(S):/2ND DEFENDANT -------------------------------------- NARENDRABABU @ BABU NAICKEN, S/O. P.S.VENUGOPALA NAIDU, D.NO.105/29, ODAYAMKULAM, MAIN ROAD, POLLACHI, TAMIL NADU. BY ADV. SRI.V.V.ASOKAN SMT.RUKHIYABI MOHD KUNHI RESPONDENT(S): PLAINTIFFS/DEFENDANTS 1 AND 3-5 ------------------------------------------------------------- 1. K.J.JAIMS, S/O. JAMES, PODIMATTATHIL VEEDU, PERIYAPATHIKKAD, ANNA NAGAR, GOVINDAPURAM, CHITTUR TALUK. 2. MARY, W/O. JAMES, PODIMATTATHIL VEEDU, PERIYAPATHIKKAD, ANNA NAGAR, GOVINDAPURAM, CHITTUR TALUK. 3. SECRETARY, KERALA STATE ELECTRICITY BOARD, VIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 4. MURUKAN, S/O. CHINNA PALANI, ANNA NAGAR, CHAMMANAMPATHI, MUTHALAMADA, CHITTUR TALUK. RFA.NO. 459 OF 2010 :: 2 :: 5. NATARAJAN, S/O. SANKARAPPA KOUNDER, ARASU MARUTHAKKAD, PULIYANKANDI, MUTHALAMADA, CHITTUR TALUK. 6. ARUMUGHAN, S/O. VELLAYAN, ARASU MARUTHAKKAD, PULIYANKANDI, MUTHALAMADA, CHITTUR TALUK. THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------------- R.F.A.No.459 of 2010 ------------------------------------------------- Dated this the 6th day of August, 2010 JUDGMENT THOTTATHIL B.RADHAKRISHNAN, J. This 2nd defendant, in a suit under the Fatal Accidents Act, is the appellant. The suit stands decreed against him alone. The plaintiffs, a couple, pleaded that their son Joby, then aged 27 years, died of electrocution at about 10 PM on 29.6.2006, while returning home through the ground-nut field owned by the 2nd defendant where agricultural activities were carried on by defendants 3 to 5 under a lease. The appealing 2nd defendant made a bald denial of the allegation that the land belonged to him. The fact that Joby died and a crime was registered by the Kollengode Police, arraying the appellant also as an accused, is a matter of record. The scene mahazar, FIR, FIS etc., were before the court below. The second defendant did not tender any evidence. Only an officer of the Electricity R.F.A.No.459 of 2010 ::- 2 -:: Board was examined. The plaintiffs gave evidence through the first plaintiff and two others. 2. The court below found that there was no material in support of the 2nd defendant's denial of ownership of the property in question, which stood in his name. Taking note that the 4th respondent disputes the alleged lease, the court below found that there could not have been any agricultural lease, having regard to the prohibitions contained in the Kerala Land Reforms Act. The death and cause of death of Joby has been proved on the basis of the materials on record. The plaintiffs were eligible for a decree for compensation. 3. There is no serious dispute as to the findings as regards the death of Joby, cause thereof and matters connected therewith. 4. In this appeal, the 2nd defendant tries to project a case, by seeking admission of additional materials, that the land in question was surrendered in terms of the provisions governing ceiling of excess lands and that therefore, the land cannot be treated as belonged to him. In the absence R.F.A.No.459 of 2010 ::- 3 -:: of even an iota of plea in that regard in the written statement, we do not find any ground for admission of additional evidence under Order XLI Rule 27 of the Code of Civil Procedure. Any amount of evidence would be of no avail in the absence of pleadings. We do not find any merit in the appeal. It is dismissed in limine. Sd/- (THOTTATHIL B.RADHAKRISHNAN) JUDGE Sd/- (S.S.SATHEESACHANDRAN) JUDGE sk/- //true copy// P.S. to Judge.