BEFORE THE A.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION
AT HYDERABAD
FA 1630/2007 against C.C. 194/2006, Dist. Forum, Karimnagar
Between:
1. The Superintending Engineer
APTRANSCO, previously known as
APSEB, Karimnagar.
2) The Asst. Engineer
APTRANSCO,
previously known as
APSEB, Kataram Mandal
Karimnagar Dist. *** Appellants/
O.Ps.
And
1. Jagiri Rajeswari
W/o. Jagiri Sammaiah
Age: 31 years,
2. Jagiri Swaroopa,
D/o. Jagiri Sammaiah
Age: 14 years
Rep. by first complainant.
3. Jagiri Ramadevi
D/o. Jagiri Sammaiah
Age: 12 years
Rep. by first complainant.
4. Jagiri Jyothi
D/o. Jagiri Sammaiah
Age: 9 years
Rep. by first complainant.
5. Jagiri Pentaiah
S/o. Odaiah, Age; 49 years
All are R/o. Shankarapally (V)
Kataram Mandal,
Karimnagar Dist. *** Respondents/
Complainants.
Counsel for the Appellants: M/s. V. Ajay Kumar.
Counsel for the Resps: M/s. V.G. S. Rao.
HON’BLE SRI JUSTICE D. APPA RAO, PRESIDENT
SMT. M. SHREESHA, MEMBER
&
SRI K. SATYANAND, MEMBER
MONDAY, THIS THE EIGTH DAY OF FEBRUARY TWO THOUSAND TEN
Oral Order: (Per Hon’ble Justice D. Appa Rao, President)
*****
1) This is an appeal preferred by the opposite party APTRANSCO against the order of the Dist. Forum directing it to pay compensation of Rs. 4 lakhs together with interest and costs in a case of electrocution.
2) The case of the complainants in brief is that first complainant is the wife, complainant Nos. 2 to 4 are children and complainant Nos. 5 & 6 are parents of the deceased Jagiri Sammaiah. The deceased Jagiri Sammaiah aged about 27 years went to his agricultural field in order to irrigate his fields on 6.5.1998 at about 7.00 a.m. and when he went near the motor with an intention to attach a pipe to current motor and when he lifted the pipe it touched the electrical wires which were hanging from a height of 7 feet. Immediately he sustained electrical shock and was electrocuted and died on spot. The appellant was negligent in maintaining the wires. On report the police registered a case in Crime No. 46/1998 on 6.5.1998 u/s 174 Cr P.C., followed by panchamana and post-mortem examination. The police after investigation filed final report referring it as electrical death. A complaint was made by the father to the Dist. Collector who in turn referred to Mandal Revenue Officer, who on enquiry opined that as per the norms electrical wires should be at a height of 8 meters i.e., around 26 feet, whereas the live wires in the field of the deceased were at a height of 7 feet. In fact the Asst. Engineer, APSEB, Kataram submitted his report on 7.5.1999 stating that the deceased died of electrical shock from hanging electrical wires which were below the required height. They issued legal notice on 28.5.2002 claiming compensation and on 13.9.2004 the D.E., Peddapally conducted enquiry and opined that the deceased was electrocuted due to low hanging of wires. They had been postponing settlement of claim by mentioning one reason or other. The deceased was hale and healthy, used to get about Rs. 50,000/- p.a., from his 12 acres of land. Due to his death, they lost earning member. Therefore, they claimed Rs. 6 lakhs towards compensation together with @ 12% p.a., from the date of death till the date of realization and costs.
3) The appellants/Opposite parties resisted the case. They alleged that the claim was barred by limitation. A 11 KV line was passing through the fields at a height of 7 meters from the ground. There was a bore well. The entire record shows that on account of breakage of switch board and leakage of power through wires the electrocution was occurred. The deceased lifted the GP pipe, while lifting the pipe he did not observe the overhead electrical lines. Due to his negligence the pipe touched the 11 KV line and as a result of which he was electrocuted and died. The police who investigated the case did not find any negligence or fault on the part of APTRANSCO. The height of 11 KV pole would be 8 meters and that the allegation that it was at a height of 7 feet is not correct. At no time they received any complaint of loosening of wires The Dist. Forum has no jurisdiction and it is the Civil Court that was conferred with jurisdiction to try these cases. At any rate the claim was highly excessive and prayed for dismissal of the complaint with costs.
4) The complainants in proof of their case filed the affidavit evidence of first complainant and got Exs. A1 to A31 marked, while the appellants filed the affidavit evidence of Sri P. Srinivas, Additional Assistant Engineer, Kataram, and did not file any documents.
5) The Dist. Forum after considering the evidence placed on record opined that the deceased was aged about 27 years died of electrocution when he came into contact with 11 KV electrical wires hanging from a height of 7 feet which should have been at a height of 8 meters. Keeping the 11 KV live wires at a height of 7 feet amounts to deficiency in service and a case of negligence awarded compensation of Rs. 4 lakhs after considering the age and income of the deceased and the dependency of the complainants etc.
6) Aggrieved by the said order, the appellants preferred the appeal contending that the Dist. Forum did not appreciate either facts or law in correct perspective. The deceased himself was responsible for the accident and consequential death. The 11 KV line was passing through at a height of 7 meters and it was not hanging loose or at low level. For the accident that took place on 6.5.1998 the complaint was filed on 3.11.2006 and it was beyond the period of limitation. The entire record discloses that there was no deficiency of service on their part and therefore prayed that the complaint be dismissed.
7) The point that arises for consideration is whether the order of the Dist. Forum is vitiated by mis-appreciation of fact and law?
8) It is an undisputed fact that late Jagiri Sammaiah aged 27 years died on 6.5.1998 due to electrocution when he came into contact with live 11 KV wires passing over his bore well when he was fixing a pipe. A report to the police was issued about the incident which the police registered as a case in Crime No. 46/1998 u/s 174 Cr.P.C. evidenced under Ex. A1. An inquest was conducted wherein the inquestadars had opined that he died of electrocution confirmed by post-mortem certificate Ex. A3. The police after enquiry opined that there was no foul play and the death of the deceased was accidental due to electrocution vide Ex. A4. At the earliest, while complaining to the police, the fact that the wire was hanging from a height of 7 feet was made a mention. The appellants themselves admitted that 11 KV wires should be at an height of 8 meters. A lot of correspondence was made in this regard. The Dist. Collector directed the Mandal Revenue Officer to conduct enquiry, for the accident that took place on 6.5.1998. No report whatsoever was made. The Superintending Engineer (Operations), Karimnagar by his letter Ex. A23 Dt. 9.8.2004 directed the Divisional Engineer (Operations), Peddapalli to submit a report in regard to the accident.
He stated that :
“It is noted that non-department fatal electrical accident was occurred to Sri Jagiri Sammaiah, S/o. Penchaiah, Age: 27 years on 6.5.1998 at Shankarapalli village of Kataram Mandal but relevant reports are not received from the Divisional Engineer (Operations), Peddapalli so far even after lapse of six years. Hence, the Divisional Engineer/Operation, Peddapalli is requested to submit the preliminary report, detailed report, FIR and sketch of accident spot of above accident immediately for taking further necessary action”.
The Sarpanch of the village by his report Ex. A27 mentioned that 11 KV line was at a height of 7 feet. In fact the Asst. Divisional Engineer (Operations), Manthani in his letter Ex. A28 Dt. 2. 11. 2004 opined that :
“According to the statement of L.I/O.P/Kataram Sri Jagiri Sammaiah went to a bore well (Sy. No. 309) to attach a pipe (5’) for which he had taken on lease on 6.5.1998 at around 7.00 a.m.. While he was attaching the pipe, the pipe accidentally touched to the 11 KV line which was passing overhead. According to LI/OP/Kataram (which was taken from the 5 members witnesses of Sankarampally) the 11 KV line loosely spanned (the clearance) from the line to ground is less than 7 feet).
The victim did not observe that line and touched with the pipe and got electrocution and died.
He had three daughters namely (1) J. Swarupa (10 years) (2) J. Rama Devi (8) years, (3) J. Jyothi (6) years. The wife of victim told that till now they did not get any compensation.
Later the Chief Engineer while directing the Superintending Engineer (O), Karimnagar to take suitable action on the concerned staff and submit remarks categorically mentioned that ‘ he 11 KV line loosely spanned . The clearance from the line to ground is less than 7 feet.’ Obviously, to get over the entire correspondence made earlier, the Asst. Divisional Engineer obtained an inspection report on 30.1.2005 seven years after the death, stating that “the deceased went near his current motor to switch on, due to breakage of switch board, there was leakage of electricity through the wires in the switch board, the deceased got electric shock through those leaking wires, he received electric shock and died.”
This is a new theory. For about 7 years nobody had said it. Except taking report or making enquiry the APTRANSCO did not settle the claim. The report was given by Asst. Engineer (Operation), Kataram under Ex. A29 Dt. 28.4.2005. On that the complaint was filed on 3.11.2006 that too after issuing legal notice. When the claim was never repudiated, the question of limitation will not arise. The appellant has been making correspondence till 2005 and did not settle the claim. The complainant is justified in filing the complaint after waiting for a reasonable period. At no stretch of imagination it can be held that the complaint is barred by limitation.
9) It is an undisputed proposition of law that if a person dies due to electrocution on the fault of electricity board to maintain the electrical wires properly, it was liable to pay compensation. The Supreme Court in M.P. Electricity Board Vs. Shail Kumar & Others reported in 2002 (2) ALD 4 (SC) held that damages for electrocution by live wire lying on the road, the doctrine of strict liability applies and the electricity board cannot deny compensation.
10) The deceased evidently owns 11.36 cents evidenced under pass book Ex. A31. It was stated that he was getting over Rs. 50,000/- p.a. on an average. In the light of the fact that he owns 12 acres even if Rs. 4,000/- could be assessed as reasonable for one acre of land it would come to around Rs. 50,000/-. The appellants did not seriously dispute the question of income. If 1/3 is deducted towards his personal living expenses, it would come to Rs. 34,000/-. If the age of the deceased is taken as 27 years i.e., mentioned in the post-mortem certificate and other records, and if a multiplier of 16 is applied it would come to around Rs. 5,44,000/-. The compensation that was awarded by the Dist. Forum was Rs. 4 lakhs. Therefore it cannot be said that it was excessive. Since there is no cross-appeal, we do not incline to enhance the compensation.
11) The Dist. Forum after considering the entire material on record had justifiably awarded adequate compensation. We do not see any merits in the appeal.
12) In the result the appeal is dismissed with costs computed at Rs. 3,000/-. Time for compliance four weeks.
1) _______________________________
PRESIDENT
2) ________________________________
MEMBER
3) ________________________________
MEMBER
Dt. 08. 02. 2010.
*pnr
“UP LOAD – O.K.”
