| Citation | T.C. Balakrishnan V TR Subramanian, AIR 1968 Ker.151 |
| Keywords | |
| Facts | A minnal gundu is an explosive made out of a coconut shell by filling it with an explosive substance. The coconut shell itself is placed in a bamboo tube with gun powder beneath; and the tube is kept upright tied to an iron peg driven into the ground. When the gun powder in the tube is ignited through a small hole on the side of the tube, the coconut shell is ejected vertically several feet into the sky where it explodes producing a flash or lightning−like light and a loud report. Two processions of elephants bearing the deity or Poorams organised by two Devaswoms, the Paramekkavu and the Thiruvambadi Devaswoms, meet at the southern gopuram of the Vadakkunnatha Temple in the evening at about 5 or 5.30 in the Thekkumkad Maidan around the temple. and just as the elephant of the Paramekkavu Devaswom bearing the deity emerges through the southern gopuram before this important event, a few hundreds of olappadakkams interspersed with about 20 or 25 minnal gundus are fired. (Olappadakams are a type of fire works made with gun powder wrapped in small parcels of palm leaves.) The accident is said to have happened when this was done. |
| Issues | |
| Contentions | |
| Law Points | In fact, the Devaswom, the members of the Devaswom Committee, the members of the Celebration Committee including the appellants and the 20th defendant were all joint tortfeasors and each of them was jointly and severally liable in damages. Therefore, the omission to grant a decree against some of the joint tortfeasors is no reason for exonerating the others. |
| Judgment | |
| Ratio Decidendi & Case Authority |
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