BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri. S. Chinnaiah, B.A. B.L., I/C President
And
Smt. C.Preethi, M.A.LL.B., Lady Member
Friday the 30th day of November, 2007
C.C.No. 100/07
Between:
Chella Nagaiah, alias Golla Nagaiah, S/o. Late Chella Pedda Subbarayudu,
Cultivation, R/o. Bheemivaram Village, Nandyal,Kurnool District.
… Complainant
Versus
1. The Divisional Engineer, (Operation)
A.P.C.P.D.C.P.Limited, Nandyal Kurnool District.
2. The Sub-Divisional Assistant Engineer (Operation)
A.P.C.P.D.C.P.Limited, Nandyal, Kurnool District. … Opposite Parties
This complaint is coming on this day for orders in the presence of Sri.D.M. Rama Chandra Reddy, and Sri. A.Prabhakar Reddy, Advocates, Kurnool, for the complainant, and Sri.A.Chandramouleeswara Reddy, Advocate, Kurnool for the opposite parties No.1 and 2 and upon perusing the material papers on record, the Forum made the following:-
ORDER
( Sri. S. Chinnaiah, I/C President)
C.C.No.100/07
1. This is a complaint filed by the complainant under section 12 of C.P.Act, 1986 to direct the opposite parties to pay a sum of Rs.34,000/- towards the cost of the buffaloes, Rs.5,000/- for mental agony suffered by the complainant, Rs.1,000/- towards the expenditure incurred for bringing the dead buffalo from the field to the Veterinary Assistant for conducting post mortem examination and Rs.5,000/- toward the costs of the complaint.
2. The brief facts of the complaint are that the complainant is an agriculturist family and possess six buffaloes out of which five are milching buffaloes. On 26.5.2005 Smt. Laxmi Pullamma, wife of the complainant was grazing the buffaloes in the fields. The buffaloes were grazing in the fields of Govindanna, Pedda Obulapathy, Chinna Obulapathy and Ratnam of Bheemavarm Village along with the buffaloes of elder brother of the complainant Pedda Naga Seshudu. Out of six buffaloes belonging to the complainant two buffaloes suddenly fell down along with one buffalo of Pedda Naga Seshudu and struggling for life. Wives of the complainant went near the buffaloes and observed that an electricity wire coming from the pole came in contact with the buffaloes and the died suddenly due to electrocution. The wife of the complainant immediately went to Bheemavaram Village and informed the incident to the complainant and intern the complainant informed the same to the Veterinary doctor at Nandyal on the same day evening. The complainant and his brother Pedda Naga Seshudu took photos of the said dead buffaloes brining photographer from Nandyal. Later Dr.G.Upendra, Veterinary Asst. Surgeon was brought there who conducted post mortem examination and issued post Mortem certificate addressing a letter to the Asst. Engineer, A.P.Transco. Out of the two buffaloes one buffalo was a milching buffalo and its market value as on the date of its death was Rs.26,000/-. The another buffalo which was aged about six years old and its market as on the date of its death was 8,000/- Due to the negligent act of the opposite parties in allowing the electricity wire passing of electricity on the earth the buffaloes died due to electrocution. Hence, there is every deficiency of service on the part of the opposite parties not properly maintaining the supply of electricity. On 25.6.2005 he issued a legal notice to the opposite parties. Though the opposite parties promised to pay compensation they did not pay the same and that he received a memo from the Superintending engineer (Operation), Kurnool stating that an amount of Rs.1000/- for each buffalo was sanctioned. Bud he did not accept for the said amount of Rs.1000/- . Hence the case of the complainant.
3. The opposite party No.2 filed a counter opposing the contents of complaint contending interalia that the complainant is put to strict proof to prove that he is an agriculturist and on 26.5.2005 his wife was grazing the buffaloes in the fields of Bheemavaram village along with the buffaloes of his elder brother Pedda Naga Seshudu. It is false to state that out of six buffaloes two buffaloes of the complainant and one buffalo belonging to his brother Pedda Naga Seshudu fell down and struggling for life and that his wife Laxmi Pullamma and wife of his brother Chinna Subbamma went near to the buffaloes and observed that live electricity wire coming from the pole came in contact with buffaloes and died suddenly due to electrocution. It is false to state that they have taken photos of the dead buffaloes and brought the Veterinary doctor for conducting post mortem examination. It is incorrect to state that the market value of the dead buffaloes on the date death is Rs.34,000/- (26,000+8,000). It is false to state that because of negligent act of the opposite parties in allowing the electricity wire with flow of electricity on the land and there by there is deficiency of service on their part. It is a fact that the complainant issued a notice to the opposite parties and that they also offered Rs.1,000/- to the died buffalo as per rules and regulation of A.P.C.P.D.C.L and a per Exgratia Rules. Because of heavy speedy flow of winds the electricity wires might have loose and would have come near to the ground. But the owners of the land have not made any complaint or representation to the local Electricity Authorities to rectify the defective lines. The buffalo of the complainant entered into the lands without any permission and if really the wife of the complainant Smt. Laxmi Pullamma and another woman Smt. Chinna Subbamma accompanied the buffaloes for grazing they would have taken proper care and not to have allowed the buffaloes to go to that place. So they have not taken precaution and Proper care while grazing the buffaloes and as such the incident happened because of negligent act and improper care of wife of the complainant and his brother Pedda Naga Seshudu. If at all electrocution was happened it is only because of their negligence and not because of any negligence on the part of the opposite parties as claimed by the complainant. Even if there is any loss it is because of their negligent act and what the opposite parties offered amount is sufficient to meet out of the claim of the complainant. The amount of compensation at Rs.34,000/- of the dead buffaloes is highly excessive and exaggerated in order to claim more amount. Hence to dismiss the complaint with costs.
4. The opposite party No.1 filed a memo adopting the counter filed by the opposite party No.2.
5. Heard arguments both sides.
6. The point that arises for consideration herein is: whether the complainant proved the deficiency of service on the part of the opposite parties?.
7. Exs.A-1 to A-6 are marked for the complainant. Ex.A-1 is the letter written by Panchayat Secretary dated 26-5-2005 to the opposite parties 1 & 2 informing about the death of the buffaloes due to electrocution belonging to the complainant, Ex.A-2 is the legal notice dated 26-6-2005 issued by the complainant to the opposite parties, Exs.A-3 is the photographs, Exs.A-4 & A-5 are post mortem certificates dated 27-5-2005 issued by Veterinary Doctor and Ex.A-6 is the letter dated 26-6-2006 issued by the Superintending Engineer (Operation) Kurnool to the complainant to receive Rs.1,000/- as Ex-gratia to each buffalo. Opposite parties have no documents to be marked.
8. We have gone through the contents of the complaint, chief affidavit of the complainant, cross affidavit of opposite parties, interrogatories filed by the opposite parties and reply filed by the complainant, documents filed by the complainant and the material available on record.
9. The complainant sworn to his affidavit and says that on 26-5-2005 his wife Smt. Laxmi Pullamma was grazing six buffaloes belonging to them out of which five are milching buffaloes. According to him the buffaloes belonging to his elder brother was also grazing along with his buffaloes. He further says that while the buffaloes were grazing two buffaloes belonging to him and one buffalo of his elder brother Pedda Naga Seshudu fell down suddenly and were struggling for life. On seeing the situation his wife and wife of his elder brother who were watching the buffaloes went near them and saw an electric wire coming from the pole came in contact with the buffaloes and died suddenly due to electrocution. He says that on information the Veterinary Doctor came there and conducted post mortem examination and they have also taken photographs which is Ex.A-3. It is seen from the sworn affidavit of the complainant that two buffaloes belonging to him and one buffalo of his brother died due to electrocution when the electric wires came in contact with the buffaloes. In order to substantiate his version filed Ex.A-1 letter written by Panchayat Secretary, Bheemavaram Village, Nandyal mandal dated 26-5-2005 to the opposite parties informing about the death of the buffaloes due to electrocution. Ex.A-2 legal notice issued to the opposite parties by the complainant about the death of the buffaloes. Exs .A-4 & A-5 are the post mortem certificates issued by the Veterinary Asst., Surgeon held on two dead buffaloes opining that the buffaloes died due to electrocution. Ex.A-6 is the letter issued by the opposite parties offering to receive Rs.1,000/- as ex-gratia to each dead buffalo. Hence the sworn affidavit of the complainant is amply corroborating with that of Exs.A-1 to A6. It is not in dispute that the buffaloes were died. It is a fact that the two buffaloes belonging to the complainant died due to electrocution while they were grazing in the fields when electric wires came in contact. The staunch contention of the opposite parities is that because of heavy and speedy flow of winds the electricity wires might have loose and would have came near to the ground and as a result the buffaloes must have died. Their next contention is it is the duty of the owners of buffaloes to take care of grazing buffaloes. They have allowed the buffaloes to go to the place where the current wires were loosed. Their next contention is the owners of the land have not made any complaint to local electricity authorities to rectify the defective lines. Their last contention is because of the negligent act and improper care of the wife of the complainant the incident occurred. If at all electrocution was happened it is only because of negligence of the owners of the buffaloes and not because of any negligence on the part of the opposite parties as claimed by the complainant. After going through material available on record adduced on both sides we have satisfied that the contention of the opposite parties is barren of substance. It is to be remember that it is not in dispute that while the wife of the complainant was grazing the buffaloes due to coming contact of electric wire two buffaloes died suddenly. It is common for the villagers to leave the buffaloes for grazing in barren fields either belonging to them or others of the village and watching them. Like wise in the present case also the buffaloes were grazing in the fields and while grazing the current wire came in to contact of two buffaloes and died. It is the foremost duty of the concerned officials to inspect the current wires passing. In the present case the Electricity Department officials have not taken sufficient care in watching the position of passing of wires and hence it can be said that there is gross negligence on the part of the Electricity Department. It is the duty of the Electricity Department to verify and take proper precautions to rectify the defects in order to avoid danger to the passers whether men or animals. However, the opposite parties have offered ex-gratia of Rs.1,000/- per each buffalo as they died due to electrocution. Ex.A-6 is such letter offering ex-gratia of Rs.1,000/- by the opposite parties . Hence as seen from the documents filed herein and material available on record it can safely be concluded that the two buffaloes belonging to the complainant died due to electrocution Hence under the circumstances we are satisfied that there is negligence and deficiency of service on the part of the opposite parties in not taking proper care and caution to avoid the incident.
10. The complainant is claiming Rs.26,000/- for the dead milching buffalo and Rs.8,000/- to another dead buffalo aged 6 years. The complainant has not stated when and where he has purchased those buffaloes and from whom. At this juncture it is quite relevant to go through Exs.A-4 and A-5 post mortem examination reports relating to the dead buffaloes. Under Ex.A-4 the age of the dead buffalo is shown 7 years and it gave birth three calving and it is murrah breed. The she buffalo as mentioned in ex.A-5 is aged 4½ years and it is non-milching. The Veterinary Doctor who conducted post mortem examination has assessed the value of milching she buffalo aged 7 years at Rs.24,000/- . The assessment of the value of she buffalo by the Veterinary doctor under Ex.A-4 is only out of imagination. The complainant in the complaint claims the value of the buffalo as Rs.26,000/-. But there is no basis for the same. Hence as a via media measure in our considered opinion taking into the age and it already gave birth to three calvings fixing of Rs.15,000/- as value by the date of its death is quite reasonable. The complainant is claiming Rs.8,000/- for the buffalo aged 4 ½ years non-milching. At the same time the doctor fixed the value at Rs.8,000/- as seen under Ex.A-5. But there is no basis for the value fixed at Rs.8,000/-. Taking into consideration the age and it is non-milching in our considered opinion fixing the value of Rs.6,000/- is quite reasonable by the date of its death. The complainant is claiming Rs.5,000/- towards mental agony for the death of the buffaloes. The amount claimed by the complainant is on higher side. In our considered opinion granting of Rs.1,000/- for mental agony suffered by the complainant is reasonable.
11. In the complaint it is stated that Dr.G.Upendra, Veterinary Asst., Surgeon was brought to the fields who conducted post mortem examination and issued post mortem certificate and hence question of bringing the dead buffaloes to the veterinary hospital does not arise. Hence, he is not entitled to any amount under the head. The complainant is entitled total sum of Rs.22,000/- (Rs. 15,000/-+6,000/-+1,000/-).
12. In the result, the complaint is partly allowed directing the opposite parties 1 & 2 jointly and severally liable to pay to the complainant an amount of Rs.22,000/- (Rs.15,000/-+6,000/-+1,000/-) and also pay Rs.500/- towards cost of this complaint. This order shall be complied with, within one month form the date of the receipt of this order.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open Forum on this the 30th day of November, 2007.
Sd/- Sd/-
LADY MEMBER PRESIDENT
Appendix of evidence
Witnesses examined
For Complainant: For Opposite parties
- Nil- - Nil-
Documents marked
For the Complainant:
Ex.A-1. Letter written by Panchayat Secretary dated 26-5-2005 to the
opposite parties 1 & 2 informing about the death of the
buffaloes.
Ex.A-2 Legal notice dated 26-5-2005 issued by the complainant to the
opposite parties.
Ex.A-3 Photographs.
Ex.A-4. Post mortem certificate dated 27-5-2005 issued by Veterinary
Asst. Surgeon.
Ex.A-5. Post mortem certificate dated 27-5-2005 issued by Veterinary
Assistant Surgeon.
Ex.A-6. Letter dated 26-6-2006 issued by the Superintending Engineer
(operation) Kurnool to the complainant to receive Rs.1,000/- as
Ex-gratia to the buffalo which met with fatal electrical accident.
For the opposite parties:
-Nil-
By the Forum:
-Nil-
Copy to:-
- Sri. D.M.Rama Chandra Reddy, and Sri. A.Prabhakar Reddy, Advocates,
Kurnool for the complainant.
2. Sri. A. Chandramouleeswara Reddy, Advocate, Kurnool for the opposite parties 1 & 2.
