Facts
The petitioner’s son, Muthumanikandan, accompanied his friend, the bull’s owner, to assist him and watch a Jallikattu event at Ayyampatti.
Source reference: para. 2He was attacked by a bull near the Vaadivasal on 12 March 2023, sustained injuries, and died on 14 March 2023.
Source reference: para. 2An FIR was registered under Section 174 CrPC.
Source reference: para. 3The petitioner sought compensation under the State-arranged insurance policy covering spectators and audience members.
Source reference: para. 4The insurer rejected the claim on 10 January 2025, treating the deceased as a participant rather than a spectator.
Source reference: para. 5The petitioner then sought relief under Article 226 of the Constitution.
Source reference: para. 1Issues
Whether the insurer’s finding that the deceased was a bull tamer/cowboy, and therefore excluded from spectator coverage, was supported by the record
Source reference: paras. 5, 7–11Whether the petitioner was entitled to compensation under the insurance policy for the deceased’s death
Source reference: paras. 4–5, 11–12Law Applied
Article 226 of the Constitution empowers the High Court to grant appropriate writ relief.
Source reference: no citationUnder Clause 6 of the insurance policy obtained by the State, coverage extended to audience members and spectators attending the Jallikattu event but not to bull tamers or cowboys.
Source reference: para. 11A claim cannot be rejected on the basis that the deceased fell within an excluded category where that classification is unsupported by the material on record.
Source reference: para. 11Reasoning
The FIR indicated that the deceased had accompanied the bull’s owner to assist him and watch the event, but the record contained no material establishing that he had acted as a bull tamer or cowboy.
Source reference: paras. 3, 11The Court held that accompanying the owner to assist him did not, by itself, establish participation as a bull tamer.
Source reference: para. 11The available evidence instead prima facie showed that the deceased was present as a spectator.
Source reference: para. 11The insurer’s rejection on the contrary basis was therefore unsustainable.
Source reference: para. 11Holding
The Court held that the deceased was not shown to fall within the policy’s excluded category
directed the eighth respondent, Oriental Insurance Company Limited, to pay the petitioner ₹5,00,000 within six weeks of receiving the order.
Source reference: para. 12If payment was not made within that period, the amount would carry interest at 6% per annum from the date of the claim until payment.
Source reference: para. 12The writ petition was allowed with no order as to costs.
Source reference: para. 13Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Code of Criminal Procedure, 19731
Original Court PDF
SankareshwarivsThe Government of Tamil Nadu
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Original judgment, available to read, download and summarize on LawLens.in
