Karnataka

Chitradurga

CC/95/2017

Likhith S/o Gowrish, - Complainant(s)

Versus

Assistant Executive Engineer, - Opp.Party(s)

Parthalinga

19 Feb 2018

ORDER

 

COMPLAINT FILED ON:03/10/2017

DISPOSED      ON:19/02/2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

 

C.C.NO: 95/2017

 

DATED: 19^th FEBRUARY 2018

 

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

                   SRI.N. THIPPESWAMY        : MEMBER

                          B.A., LL.B.,   

 

……COMPLAINANT/S	Likith, S/o Gowrish, Aged about 15 Years, Minor, Represented by his Father as a natural guardian Sri. Gowrish, S/o Late Channappa, Aged about 41 Years, R/o Doddapet, Chitradurga Town.   (Reptd. By Sri. Parthalingappa, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Assistant Executive Engineer, BESCOM, Behind DC Office, Chitradurga.   2. The Executive Engineer, BESCOM, Behind DC Office, Chitradurga.   3. R. Bhanuprakash, S/o C. Rudranna, Aged 42 Years, Khata No.7610/7240, Assessment No.15021/83, R/o Rajendra Nagar, Near Ambedkar Kalyana Mantapa, Chitradurga Town.   (Reptd. By Sri.M. Umesh, Advocate for OP No.1 and 2 and Sri. K.E.Mallikarjun, Advocate for OP No.3)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OPs to pay Rs.15,00,000/- towards disability and loss of earning capacity, Rs.1,00,000/- for transportation charges, Rs.1,00,000/- towards food and nourishment and Rs.1,00,000/- for future medical expenses in all Rs.18,00,000/- with interest at the rate of 18% p.a and such other reliefs.  

2.      The brief facts of the case of the above complainant is that, the complainant is aged about 15 years and has been represented by his father who is a natural guardian.  The father of the complainant by name Gowrish has been entered into an agreement dated 04.04.2014 with OP No.3 to the house bearing khata No.76107240, assessment No.15021/83 situated at Rajendra Nagara, near Ambedkar Kalyana Mantapa, Chitradurga Town.  The said Gowrish has paid electric bill individually towards RR No.19729 of ground floor RCC belongs to OP No.3.  It is further submitted that on 29.11.2014 at about 12-00 PM, the minor son of said Gowrish after completion of his school went to the terrace to bring cloths, by that time, the said Likith has touched the wires which were unattended and which were not properly covered to the live electric wires which were went near the house of the complainant.  Due to the said impact, the minor complainant Likith has got burning injuries towards his right hand, right leg, right foot, left leg near foot towards left side face, left side ear and chest.  Immediately, the said injured person was shifted to Government Hospital, Chitradurga.  After first aid treatment, the Doctors referred the matter to higher Centre.  Then the patent was shifted to the City Central Hospital, Davanagere, where the doctor has given first aid treatment and referred the matter to the higher hospital.  Then the complainant was taken to St.Johns Hospital, Bangalore for further treatment.  On 29.11.2014 the doctors in the said Hospital have amputed the right hand of the minor complainant up to the right shoulder joint and also amputed 1^st, 2^nd and 3^rd finger of right foot and amputed 1^st finger of left foot and the minor complainant has got burnt scars over the left hand, chest, left face and back side of the right ear and towards left side of the forehead and the same was treated on 01.12.2014.  The complainant was admitted in St.Johns Hospital, Bangalore as an inpatient from 29.11.2014 to 31.01.2015.  The complainant’s family has spent nearly Rs.1,00,000/- towards food and lodging, Rs.5,00,000/- towards medical expenses in the said Hospital, Rs.1,00,000/- towards transportation expenses from Chitradurga to Davanagere, Davanagere to Bangalore and from again from Bangalore to Chitradurga.  Now till today, the complainant is taking treatment in St.Jhons Hospital, Bangalore.  Before the incident, the complainant was studying 8^th Standard and he was good in education and he was very sharp. After the incident, he has not been gone to School and he became fully depressed due to his future life.  The complainant is a right hand student and right hand user.  After the incident, the complainant has lost his right hand and he became permanent total disabled boy, he cannot do any work and also he has lost his entire earning capacity after the amputation of right hand and other parts of the body.  After the incident, complainant has lost his education and also his marital life.  Due to the negligence and deficiency in service on the part of OPs as they have not taken steps in covering the electric live wires which were going through the house of the complainant, the complainant has suffered lot and spoiled his entire life by way of disabled boy and he cannot do any work.  The father of the complainant has been paid electric charges for the month of November 2017 on 15.12.2017 for Rs.342/- towards RR No.19729 which belongs to the OP No.3.  OP No.1 and 2 have given electric connection to the house of OP No.3 and OP No.1 and 2 have collected electric bill charges and made deficiency of service in not taking any proper precautions while installing the power connection through electric life wires to the said building.  The OPs have not properly covered the live wires and they have not taken proper precautionary measures at the time of sanctioning the service to the house of OP No.3.  The father of the complainant has lodged a complaint before the concerned Police, the same has been registered against the OPs u/Sec.338 of IPC.  The complainant has filed an application u/Sec.24A of C.P. Act, 1986 because there is a delay of 310 days in filing the complaint along with affidavit.  The cause of action for this complaint arose on 29.11.2014, the date on which the incident has been occurred and the subsequent dates on 31.01.2015, 22.02.2015, 10.02.2017, 25.08.2017 and 22.09.2017, the dates on which the complainant has taken treatment with Dr. Ambarish and on 03.10.2017 and the date on which the OP No.1 and 2 have refused to pay the compensation which is within the jurisdiction of this Forum.  Therefore, there is a deficiency of service on the part of OPs and prays for allow the complaint.

3.      After service of notice, OP No.1 and 2 appeared through Sri. M. Umesh, Advocate and filed version and OP No.3 appeared through Sri. K.E. Mallikarjun, Advocate and filed their respective version. 

OP No.1 and 2 have taken a contention that, the complaint filed by the complainant is not maintainable either in law or on facts and the same is liable to be dismissed in limine.  The complainant has not made the Commissioner of CMC or CUDA as a necessary parties to this proceedings.  The incident took place by the negligence on the part of injured person.  The alleged incident took place due to violation of the construction of the building license and plans.  Hence, the OP No.3 is liable to pay compensation.  It is submitted that, the OP No.1 and 2 have followed the procedure to sanction the electric power to the house of the OP No.3.  The medical bills, treatment taken by the complainant is not comes under this OPs.  The OP No.1 and 2 have issued notice to the OP No.3 for violation of the terms and conditions of the license at the time of construction of the building.  Hence, there is no deficiency of service on the part of OP No.1 and 2 and prays for dismissal of the complaint.  OP No.3 has not filed any version but filed the affidavit along with written arguments.

4.      The father of the complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-12 were got marked and closed his side.  One Sri. G. Thimmaayappa, Assistant Executive Engineer of OP No.1 has examined as DW-1 by filing affidavit and the documents Ex.B-1 to B-3 were got marked.  OP No.3 has examined as PW-1 by filing affidavit evidence and closed their side.     

5.      Arguments heard.

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

 

1. Whether the complainant proves that, OP No.1 and 2 have drawn the electric line very close to the house and failed to take safety measures and thereby he came in contact with the said line on 29.11.2014 at about 12-00 PM and sustained multiple injuries and permanent disability and thereby OPs have committed deficiency of service and entitled for the relief as prayed for?

              (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.      Point No.1:-  It is not in dispute that, on 29.11.2014 at about 12-00 PM, the minor complainant Likith after completion of his school went to the terrace to bring cloths which were put at the terrace.  At that time, the minor complainant has touched the electric live wires which were unattended and not properly covered which were went nearby the house of the complainant.  Due to that incident, complainant has sustained multiple injuries towards his right hand, right leg, right foot, left leg near foot towards left side face, left side ear and chest.  After that, the father of the minor complainant has taken him to the General Hospital, Chitradurga for treatment.  The Doctors in the said Hospital given first and referred to higher hospital.  Then the minor complainant taken to the City Central Hospital, Davanagere where the doctors treated him and referred patient to the Higher Hospital.  Thereafter, the patient got admitted to the St.Jhons Hospital, Bangalore on 29.11.2014.  In the said Hospital, doctors have amputed right hand of the minor complainant up to the right hand of the minor complainant up to the right shoulder joint and also amputed 1^st, 2^nd and 3^rd finger of right foot and amputed 1^st finger of left foot and the minor complainant has got burnt scars over the left hand, chest, left face and back side of the right ear and towards left side of the forehead and the same was treated on 01.12.2014.  The complainant was admitted in the St.Jhons Hospital, Bangalore as an inpatient from 29.12.2014 to 31.01.2015. 

9.      The OP No.1 and 2 have denied all the averments made in para 1 to 16 of the complaint.  OP No.3 filed his version denying the allegations made in the complaint and admits that, the father of the complainant was the tenant of his house.  Further admits that, due to the negligence act of the OP No.1 and 2, the incident was happened and further stated that, he has intimated the OP No.1 and 2 so many times for covering the open wires but, they have not taken any care.  It is further argued that, for the negligent act of the OP No.1 and 2, this incident was happened.  The complainant has relied upon documents and those documents are marked as Ex.A-1 to 10.  The documents produced by the complainant clearly shows that, the injuries sustained and the bills produced clearly shows that, the complainant has spent nearly Rs.5,00,000/- towards hospital and medical expenses. 

10.   We have gone through the entire documents filed by the complainants and the OPs.  After going through the documents it clearly shows that complainant’s father has entered into an agreement dated 04.04.2014 and wherein the accidental injury to the minor complainant has occurred on 29.11.2014 and the case was registered in Crime No.0478/2014 before the Chitradurga Town Police and Chitradurga Town Police has registered the case against OP No.1 and 2 department and also while filing the charge sheet they have arrayed the OP No.3 as one of the accused.  As per the documents available on record it is clearly shows that, the OP No.1 and 2 have given electrical  connection to the OP No.3 building which is in khata No.7610/7240 and assessment No.15021/1983 situated at Ambedkar Kalyan Mantapa, Rajendra Nagar, Chitradurga Town and given an RR No.19729 and they were receiving the electric bill that means the OP No.1 and 2 with full knowledge have given service to the OP No.3 building after verification and by depositing initial advance from the OP No.3.   The OP No.1 and 2 have not produced any single document that the OP No.3 has constructed his house against to the terms and conditions of CMC or CUDA and also OP No.1 and 2 have not produced any documents regarding that they have visited the place after the incident and conducted the spot mahazar.  That means OP No1 and 2 agrees that they have made deficiency in service in not covering the live wire which has gone through the house of OP No.3.  Hence, the above said points clearly shows that the OP No.1 and 2 have made deficiency in service. 

As per the available citations of CPJ 2010 (NC) 97 (I) in the case of N. Kunchi Babu and another Vs. A.P. Transco Hyderabad and others, the Hon’ble National Commission has held that;

 

“Consumer Protection Act, 1986 – Sections 2(1)(g), 14(1)(d) – electrocution – compensation – enhancement – wires touching balcony of house – child of 14 years age got electrocuted – legs and hands burnt – hand and fingers of both legs removed by doctors – deficiency in service, gross negligence and dereliction of duties alleged – compensation granted by Hon’ble State Commission. 

 

   As per the Citation of 2002 ACJ 526 (SC) in the case of Madhya Pradesh Electricity Board Vs Shail Kumri and others wherein it has been held that;

“Tort – electrocution – a strict liability – compensation – liability of electric board – cyclist riding his cycle in the night was electrocuted when he came in contact with live electric wire lying on the road partially in undated with rain water – electricity board contended that electrocution was due to clandestine supply line was unattended and not taken any precautions towards supply line and that the line got unfastened from the book and fell on the road, stranger is liable – trial court assessed compensation at Rs.4,34,000/- but dismissed the suit on the ground that claimants failed to prove who was liable – High Court mulcted liability on the electricity board – whether the Electricity Board is liable – held yes.  If the energy transmitted causes injury or death of a human being who gets unknowingly trapped into it the primary liability to compensate the sufferer is that of the supplier of electricity energy; merely because the illegal act could be attributed to a stranger is not enough to absolve the liability of the Board regarding live wire lying on the road.”

 

11.    Hence, the above citations of the Hon’ble Apex Court and Hon’ble National Commission are applicable to the case on hand and as per the above cited citations, the OP No.1 and 2 are liable payment of compensation to the complainant.   

12.    Then the main question comes before the Forum is that, what is the quantum has to be paid to the minor complainant.  As per the documents produced by the complainant i.e., Ex.A-13 of St.Jhons Medical College Hospital, Bangalore clearly shows that, there is an amputation of right elbow joint, right gastrocnemius flap to knee and also the photos which have been produced before this Forum shows there is burn injuries over left side face and also at left occipital region and also burn injuries over right knee joint and also there is an amputation of right first and second finger and also entire right leg at cramp muscle were burnt in the incident.  As per the recent guidelines of the Hon’ble Supreme Court and also as per the disability notification dated 2001 of Central Government, the minor complainant has sustained 100% disability and when the complainant is aged about 15 years, he is a student and there will be no personal earnings to the minor complainant and on the basis of the guidelines of the Hon’ble Supreme Court, we would like to take notional income for a non-earning member is Rs.50,000/- p.a and age of the injured is 15 years and as per Sarala Varma’s citation of Hon’ble Supreme Court, the multiplier will comes to 18.  Then the loss of future income to the claimant will be Rs.50,000 X 100% X 18 = Rs.9,00,000/-.  On perusal of the medical bills produced by the complainant shows that, he has spent Rs.1,50,000/-.  The complainant is a minor aged about 15 years towards pain and suffering Rs.1,50,000/- is very reasonable and also towards the head of loss of amenities is Rs.50,000/- and complainant is entitled Rs.1,00,000/- towards loss expectation of marital status, since no  will come forward to marry a disabled boy.  The complainant not produced any document towards food and nourishment and towards travelling.  Even though if he has not produced bills or documents it is on safer side to award Rs.50,000/- towards food and nourishment and travelling.  Even after the complainant has lost his right hand, he needs further treatment and also in future, he may get into purchase of artificial limb, then towards the artificial limb and treatment, a sum of Rs.1,00,000/- is to be ordered.  So, in all the complainant is entitled to get for the amount of Rs.15,00,000/- as mentioned below.”

 

Towards loss of future income	Rs.9,00,000-00
Towards medical expenses	Rs.1,50,000-00
Towards pain and sufferings	Rs.1,50,000-00
Towards loss of amenities	Rs.50,000-00
Towards loss of marital status	Rs.1,00,000-00
Towards artificial limb	Rs.1,00,000-00
Towards food and nourishment	Rs.50,000-00
Total	Rs.15,00,000-00

 

 

Hence, as discussed above in para Nos. 11 and 12 we come to the conclusion that, the complainant is entitled to get the compensation of Rs.15,00,000/- from OP No.1 and 2 along with interest.  With regard to the limitation is concerned, the minor complainant was taking treatment till 2015 and after the treatment, the minor complainant has filed the complaint.  To condone the delay in filing this complaint, he has filed an application u/Sec.24 A of the Limitation Act stating that, the complainant has taken continuous treatment for the injuries sustained by him in the electrocution and the averments made out in the application along with the affidavit of the father of the minor complainant shows the reasonable ground to allow the application and hence, the delay is to be condoned.  The OP No.3 has requested the OP No.1 and 2 for installing or to cover the live wire which was gone through his house.  But, even inspite of his oral request, the OP No.1 and 2 have not taken precautionary measures to cover the live wire and made the deficiency in service in not taking proper steps to safe guard the public interest.  Accordingly, the complaint as against OP No.3 is liable to be dismissed.  Therefore, we come to the conclusion that, there is a deficiency of service on the part of OP No.1 and 2.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.    

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

ORDER

The application filed u/Sec.24 A of limitation Act is hereby allowed.

The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

It is ordered that, the OP No.1 and 2 are hereby directed to pay a sum of Rs.15,00,000/- to the complainant towards compensation along with interest at the rate of 12% p.a from the date of incident i.e., on 29.11.2014 till realization. 

 It is further ordered that, the OP No.1 and 2 are hereby directed to pay Rs.10,000/- towards mental agony and Rs.5,000/- towards costs of this proceedings.  

The complaint filed as against OP No.3 is hereby dismissed.

It is further ordered that, the OP No.1 and 2 are hereby directed to comply the above order within 30 days from the date of this order.

 (This order is made with the consent of Member after the correction of the draft on 19/02/2018 and it is pronounced in the open Court after our signatures)         

 

                                     

 MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

 

PW-1:  Complainant by way of affidavit evidence.

 

Witnesses examined on behalf of OPs:

 

DW-1: Sri. G. Thimmarayappa, AEE of OP No.1 by way of affidavit evidence.

 

DW-2: Sri. Bhanuprakash by way of affidavit evidence.

 

 

Documents marked on behalf of Complainant:

01	Ex-A-1:-	FIR
02	Ex-A-2:-	Complaint
03	Ex-A-3:-	Spot Mahazar
04	Ex.A-4:	Wound Certificate
05	Ex.A-5:-	Letter to CPI by OP No.1 and 2 and charge sheet
06	Ex.A-6:-	Discharge Summary of City Central Hospital, Davanagere
07	Ex.A-7:-	Original KEB Bill
08	Ex.A-8:-	OPD Book with MLC of District Hospital, Chitradurga
09	Ex.A-9:-	Complainant’s School Progress Report
10	Ex.A-10:-	Medical Bills
11	Ex.A-11:-	22 photos with CD
12	Ex.A-12:-	Receipt
13	Ex.A-13	Discharge summary of St.Jhons Hospital, Bangalore

 

 

Documents marked on behalf of OPs:

01	Ex-B-1:-	Letter of OPs dated 20.12.2014
02	Ex-B-2:-	Letter of OPs dated 22.12.2014
03	Ex-B-3:-	Letter of OPs dated 28.12.2014

 

 

MEMBER                                                            PRESIDENT

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