Karnataka

Chitradurga

CC/74/2016

Sri Shankar Murthy S/o Sanna Papaiah - Complainant(s)

Versus

Assistant Engineer,Bescom - Opp.Party(s)

Shri.Khalid Ahamed

27 Jan 2017

ORDER

COMPLAINT FILED ON:01.08.2016

DISPOSED      ON:27.01.2017

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO: 74/2016

 

DATED:  20^th JANUARY 2017

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                                   B.A., LL.B.,

                   SRI.N. THIPPESWAMY        MEMBER

                                 B.A., LL.B.,   

……COMPLAINANTS	1. Sri Shankara Murthy, S/o Sanna Papaiah, Age 52 Years,   2. Smt. Obamma, W/o Shankara Murthy, Age 42 Years,   3. Smt. Nandini W/o Late Chandrashekhar, Age: 22 Years.   All R/o Railway Station Road, Arehalli Village, Holalkere Taluk, Chitradurga District.      (Rep by Sri.Khalid Ahmed, Advocate)
V/S
…..OPPOSITE PARTIES	1. Assistant Executive Engineer, BESCOM, Holalkere Sub Division, Holalkere.   2. Executive Engineer, Divisional Office, BESCOM, Chitradurga.     (Rep by Sri. M. Umesh, Advocate)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainants u/Sec.12 of the C.P Act, 1986 for the relief to direct the OPs to pay Rs.18,00,000/- with interest at 18% p.a and such other reliefs.

2.     The brief facts of the case of the above complainants are that, complainant No.1 is the father, complainant No.2 is the mother and complainant No.3 is the wife of one Chandrashekhar, who is a shepherd, was having 100 sheep leading their life with the income of the said sheep.   It is further submitted that, the villagers were duly paying the Panchayats and also power charges to the OPs, they are the consumers, the beneficiary must get compensation as the incident of electrocution took place with the defect and the deficiency of services by the OPs and it is the duty of the OPs to keep minimum distance of the electric wires from the trees, house etc., it is the norms of the Electricity Act, the OPs failed to keep distance of live wire to a tree as a result of the fault and deficiency of service on the part of OPs, for which the deceased died.  It is further submitted that, on 14.06.2016 at about 9-00 AM, near Arehalli village, Holalkere taluk, the son and husband of complainant No.1 to 3 respectively, the said Chandrashekhar went to graze his sheep, there was some rainy, he went near a tree to take shelter and many tile electric wires are upon the said tree, for which he was electrocuted.  Thereafter, he was taken to Holalkere Government Hospital, the Doctor in the said Hospital advised to take him to District Hospital, Chitradurga. When he was about to shift to Chitradurga, he died during transit.  After his death, Postmortem was conducted by Dr. Nagaraju of Government Hospital, Chitradurga and opined that, the death of said Chandrashekhar was due to electrocution.  Holalkere Police filed a case in UDR No.27/2016. It is further submitted that, the deceased Chandrashekhar was hale and healthy prior to the accident, his family was depending on the income of deceased.  His wife was carrying a child in womb of about 5-6 months.  Due to his death, the complainant No.1 has suffered great loss, mental agony and love and affection of her husband, the same is due to neglect, fault and deficiency of service on the part of OPs.   Therefore, the complainant respectfully prayed before this Forum to direct the OPs to pay a sum of Rs.18,00,000/- along with  interest at the rate of 18% p.a. 

3.     On service of notice, OPs appeared through                    Sri. M.Umesh, Advocate and filed version denying the entire averments made in the complaint.  It is further submitted that, the complainants are not the legal heirs of the deceased Chandrashekhar and the deceased was not having any work and there is no relationship of consumer with the OPs as the incident took place at public place.  The complainants have not produced any photos or any documents to show that, the incident took place as the alleged in the complaint.  Complainants have failed to produce the documents about the rain fall on the date of incident.  It is false to state that, the villagers were duly paying the Panchayats and also power charges to the OPs, they are the consumers, the beneficiary must get compensation as the incident of electrocution took place with the defect and the deficiency of services by the OPs and it is the duty of the OPs to keep minimum distance of the electric wires from the trees, house etc., it is the norms of the Electricity Act, the OPs failed to keep distance of live wire to a tree as a result of the fault and deficiency of service on the part of OPs, for which the deceased died.  It is further submitted that, the OPs have taken all precautionary measures about the laying electric wires, the death of said Chandrashekhar was not due to electrocution.  It is further submitted that, the complainants colluding with the Doctor obtained a false Postmortem report and inquest report to get unlawful gain and they have not produced any documents from the concerned Authority about the electrocution.  It is further submitted that, on 14.06.2016 at about 9-00 AM, near Arehalli village, Holalkere taluk, the said Chandrashekhar went to graze his sheep, there was some rainy, he went near a tree to take shelter and many tile electric wires are upon the said tree, for which he was electrocuted and he was taken to Holalkere Government Hospital, where the Doctor advised to take him to District Hospital, Chitradurga. When he was about to shift to Chitradurga, he died during transit.  After his death, Postmortem was conducted by Dr. Nagaraju of Government Hospital, Chitradurga and opined that, the death of said Chandrashekhar was due to electrocution, without obtaining the report from the Deputy Electrical Inspector who is only authorized person about the electric injury or death.  It is further submitted that, the OPs have not neglected and violated any duty lies upon them and the OPs are not liable to pay any compensation for the own fault on the part of deceased Chandrashekhar for his own negligence, therefore, the question of taking precautionary and safety measures does not arise.  There is no consumer relationship between the deceased and this Forum has no jurisdiction to deal with this matter and there is no deficiency of service on the part of OPs and prayed for dismissal of the complaint.                

4.     Complainant No.1 has examined as PW-1 and one Sri. Manjunatha S/o Boraiah as PW-2 by filing their affidavit evidence and the documents Ex.A-1 to A-10 were got marked. On behalf of OPs one Sri. Mallikarjunaswamy, Executive Engineer (O & M), Bescom, Chitradurga has examined as DW-1 by filing the affidavit evidence and no documents have been got marked.   

5.     Arguments of both sides heard. 

6.     Now the points that arise for our consideration for decision of above complaints are that;

(1)  Whether the complainants prove that the OPs have committed deficiency of service in settling the claim made by them and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

        7.     Our findings on the above points are as follows:-

        Point No.1:- Partly in Affirmative.

        Point No.2:- As per final order.

REASONS

8.     It is not in dispute that, complainant No.1 is the father, one Chandrashekhar, who is a son and wife of complainants respectively who is a shepherd, was having 100 sheep leading their life with the income of the said sheep.   It is argued that, on 14.06.2016 at about 9-00 AM, near Arehalli village, Holalkere taluk, the said Chandrashekhar went to graze his sheep.  On that day, there was some rainy, to take shelter he went near a tree, there were electric wires are upon the said tree, for which he was electrocuted.  He was taken to Holalkere Government Hospital, the Doctor in the said Hospital advised to take him to District Hospital, Chitradurga. While he was shifting to Chitradurga, he died.  After the death, Postmortem was conducted by Dr. Nagaraju of Government Hospital, Chitradurga and opined that, the death of said Chandrashekhar was due to electrocution.  Holalkere Police filed a case in UDR No.27/2016.  The deceased Chandrashekhar was hale and healthy prior to the accident, his family was depending on the income of deceased.  His wife was carrying a child in womb of about 5-6 months and due to his death, the complainant No.1 has suffered great loss, mental agony and love and affection of her husband, for the negligence, fault and deficiency of service on the part of OPs in maintaining the live electric wires.  

 9.    In support of his contention, the complainants have filed the affidavit evidences and reiterated the contents of complaint and relied on the documents like True copy of FIR in Cr.No.27/2016 marked as Ex.A-1, true copy of complaint given by complainant No.3 to Holalkere Police marked as   Ex.A-2, true copy of inquest mahazar marked as Ex.A-3, true copy of statement of one  Praveena marked as Ex.A-4, True copy of spot Mahazar marked as Ex.A-5, True copy of PM report marked as Ex.A-6 wherein it has opined that, the death is due to electrocution.  True copy of Final report in Cr.No.27/2016 marked as Ex.A-7, wherein it has opined that, the death is due to electrocution.  True copy of Death Certificate of deceased Chandrashekhar marked as Ex.A-8, True copy of BPL Card marked as Ex.A-9, which shows the deceased is the son of complainant No.1 and 2 and the receipt for having tax paid to the Panchayat marked as Ex.A-10.    

10.   On the other hand, it is argued and denied by the OPs that, the complainants are not the legal heirs of the deceased Chandrashekhar and the deceased was not having any work and there is no relationship of consumer with the OPs as the incident took place at public place.  The complainants have not produced any photos or any documents to show that, the incident took place as the alleged in the complaint.  It is argued and denied that, the villagers were duly paying the panchayats and also power charges to the OPs, they are the consumers, the beneficiary must get compensation as the incident of electrocution took place for the defects and the deficiency of services by the OPs and it is the duty of the OPs to keep minimum distance of the electric wires from the trees, house etc., it is the norms of the Electricity Act, the OPs failed to keep distance of live wire to a tree, for which the deceased died.  They have taken all precautionary measures about the laying electric wires, the death of said Chandrashekhar was not due to electrocution.  The complainants obtained a false Postmortem report and inquest report colluding with the Doctor and Police to get unlawful gain and they have not produced any documents from the concerned Authority about the electrocution.  It is argued that, the complainants have not produced any documents to show that, on 14.06.2016 at about 9-00 AM, near Arehalli village, Holalkere taluk, the said Chandrashekhar went to graze his sheep, there was some rainy, he went near a tree to take shelter and many tile electric wires are upon the said tree, for which he was electrocuted due to electrocution.  Without obtaining the report from the Deputy Electrical Inspector who is only authorized person about the electric injury or death filed this false complaint.  OPs have not neglected and violated any duty lies upon them and the OPs are not liable to pay any compensation for the own fault on the part of deceased Chandrashekhar for his own negligence. There is no consumer relationship between the deceased and the OPs are not liable to pay any compensation.

11.   On hearing the rival contentions of both parties and on perusal of the documents including the affidavits and documentary evidence, it clearly made out from the Ex.A-1, the FIR, Ex.A-3 Inquest Mahazar, Ex.A-6 Post-mortem report shows that, the death is due to Electrocution.  Ex.A-9 shows that, the deceased was the son of complainant No.1 and 2, they are the legal heirs.  Due to untimely death of deceased Chandrashekhar, who is the son of complainant No.1 and 2 and husband of complainant No.3 by electrocution, complainants have lost their earning member in their family which caused financial loss, mental agony and love and affection.  Of course death of the deceased is proved by documentary evidence like Ex.A-6 i.e., Post-mortem report, the final opinion as to the cause of death shows that, Death is due to electrocution.  It is the duty of the OPs to take precautionary and safety measures of the public by safeguarding the electric wires, but, the OPs failed to maintain the electric wires, which is a deficiency of service, which results in death of said Chandrashekhar.     

 

12.   On the basis of PM report, it is proves that, deceased died by electrocution.  So, it goes to show that, OPs have neglected in maintaining the electric line properly and therefore, they have committed deficiency of service and due to their negligence, said Chandrashekhar died by electrocution.  The next point will arise regarding claim of compensation.  Ex.A-1 shows deceased was aged about 25 years and since he was married and therefore, for the purpose of multiplier age of the deceased has to be taken into consideration.  In support of his contentions, Sri. Khalid Ahammed, Advocate for the complainants has relied on the following decision. 

 

IV 2008 CPJ 139 (NC)

“Consumer Protection Act 1986 Sections 2(1)(d), 2(1)() and 14(1)(d) Electricity – Electrocution – Live wire fell on deceased – severe electrocution and spot death resulted – Villagers pay taxes to village panchayath and power consumption charges to the electricity company, are consumers – complainants being beneficiaries entitled to compensation – complaint allowed by forum – order upheld in appeal – no interference required in revision”.   

 

13.   In view of the above cited decision, the age of the deceased has to be taken into consideration and his age was 25 years.  So, proper multiplier applicable is 17.  Admittedly, he was grazing sheep. Therefore, it is just and proper to take net income at Rs.6,000/- pm after deducting 1/3 towards his personal expenses, Rs.4,500/- x 12, it comes to Rs.54,000/- p.a and since the multiplier applicable is 17, so, 54,000 x 17 comes to Rs.9,18,000/- along with interest at the rate of 9% p.a from the date of filing of the complaint till realization.  Out of which, the complainant No.1 and 2 are entitled for a sum of Rs.3,00,000/- each and the complainant No.3 is entitled remaining amount of Rs.3,18,000/- and a sum of Rs.1,50,000/- towards love and affection for loss of her husband in an earlier age.  Out of which, a sum of Rs.2,00,000/- is deposited in in any Nationalized Bank for a period of three years and she is entitled to receive the periodical interest.  The remaining amount of Rs.2,68,000/- which she is entitled to get.  The complainants are also entitled for  Rs.5,000/- towards costs.   Accordingly, this Point No.1 is held as partly affirmative to the complainants.

14.  Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

 

ORDER

It is ordered that, the above complaint filed by the complainant u/Sec.12 of C.P. Act is hereby allowed in part.

It is further ordered that, the OPs are hereby directed to pay a sum of Rs.9,18,000/- as compensation to the complainants along with interest at the rate of 9% p.a from the date of complaint till realization.  Out of the said amount, complainant No.1 and 2 are entitled for a sum of Rs.3,00,000/- each.  The complainant No.3 is entitled for a sum of Rs.3,18,000/- and for loss of love and affection from her husband, she is entitled for Rs.1,50,000/-, in all she is entitled for a sum of Rs.4,68,000/-.  Out of which, Rs.2,00,000/- is hereby ordered to deposit in any Nationalized Bank for a period of three years and the complainant No.3 is entitled to receive the interest periodically.  The remaining amount is ordered to be released in favour of complainant No.3.    

It is further directed the OPs to pay a sum of Rs.5,000/- towards cost of the proceedings to the complainants.

It is further ordered that, the OPs are hereby directed to comply the above order within 45 days from the date of this order.

            (This order is made with the consent of Member after the correction of the draft on 27/01/2017 and it is pronounced in the open Court after our signatures)         

 

                                     

 MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainants:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

DW-1:  Sri. Mallikarjunaswamy, Executive Engineer (O & M), Bescom, Chitradurga of OP No.1 by way of affidavit evidence. 

 

Documents marked on behalf of Complainants:

01	Ex-A-1:-	True copy of FIR in Cr.No.27/2016
02	Ex-A-2:-	True copy of complaint given by complainant No.3 to Holalkere Police
03	Ex-A-3:-	True copy of inquest mahazar
04	Ex-A-4:-	True copy of statement of one  Praveena
05	Ex-A-5:-	True copy of spot Mahazar
06	Ex-A-6:-	True copy of PM report
07	Ex-A-7:-	True copy of Final report in Cr.No.27/2016
08	Ex-A-8:-	True copy of Death Certificate of deceased Chandrashekhar
09	Ex-A-9:-	True copy of BPL Card
10	Ex.A-10:-	True copy of Receipt for having tax paid to the Panchayat

Documents marked on behalf of OPs:

-Nil-

 

MEMBER                                                            PRESIDENT

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