The case in Brief :- The Complainant in this case came in touch with open naked live Electric wire which is negligently causing burn injuries to his different portion while he had been to open field for attending call of nature. The complainant namely Jagamohan Rayati, aged about 12 years (minor) immediately shifted to Nuapada District Headquarters Hospital on dated 28.06.2012 vide Regd. No. 3410, 28.06.2012 after seven days he was referred to Burla Medical College Hospital on 0407.2012. He admitted in Burla Medical College Hospital for 16 days and discharged on 20.7.2012 after treatment. The parents of the minor boy were attending in hospital duty at Burla. Due to severe burn the complainant has to deprived of one right hand for which he is unable to do anything in future and do something for livelihood. The discharge certificate shows the matter. The father of the minor complainant reported before Police Station Komna on dated 21.7.2012 and due to lost of the right hand he became permanently handicapped and suffered physical pain and mental agony. The complainant prayed for Rs.50,000/-(Rupees Fifty Thousand) towards interim relief Rs.15,00,000/- (Rupees Fifteen lakhs) only for compensation towards harassment and Rs.50,000/-(Rupees fifty thousand)only for litigation fees.
The opposite parties filed their written statement on dated 30.01.2015 and appeared before the Forum at the time of hearing and argument and the O.Ps stated in his version that, he denied the complainant came to touch with naked live Electric wire hanging from the Electric Pole due to call of nature even neither any negligence by O.Ps for the loss of the complainant it was not noticed to the O.P. about the treatment at Nuapada and Medical College, Burla. The delay of reporting before the Police Station is purely intentional and the complainant losing his right hand is not known to O.Ps and the case is filed after two years from the date of cause of action which is barred by limitation. Hence the O.Ps are neither liable not severally responsible for the injuries.
After verify the record filed by the complainant as the complainant is inhabitant of village Semelpali having a consumer of the O.P. The complainant is resides in a joint family and the cause of action arose due to negligence of the O.Ps, they are not surprise the rural area and the problems of wiring and any mechanical defects, the O.Ps has to traced out the difficulties and defects prior to the cause of action which would not be happened as the wires were loosed not insulated due naked wire accident occurs, hence the O.Ps is liable for compensation to the consumers.
O R D E R.
The Hon’ble Forum has came to a conclusion that, the O.Ps are responsible for the injuries caused by him and the complainant is a consumer of that village because he resides in a joint family and the O.Ps are provide service to him and the locality and due to their negligence present complainant has lost his right hand as the compensation awarded by Hon’ble Forum. All the O.Ps are jointly and severally liable to pay Rs. 3,00,000/- (Rupees three lakhs) only towards his mental agony and future etc. to the complainant and Rs. 10,000/- (Rupees ten thousand) only towards his medical treatment and Rs. 2,000/- (Rupees two thousand) only for cost of litigation within two months from the date of receipt of judgement , failing which penal interest @ Rs. 10% per annum has to pay by the O.Ps.
Judgment pronounced in the Open Court of the District Consumer Disputes Redressal Forum, Nuapada, this the 11th day of August 2015.
