Karnataka

Chitradurga

CC/219/2018

Smt.G.Lakshmidevi w/o late S.Thimappa - Complainant(s)

Versus

Sanjeev M Rathod S/o Mothilal - Opp.Party(s)

Sri K.R.Rangaswamy

10 Jan 2019

ORDER

 

COMPLAINT FILED ON:13/11/2018

DISPOSED      ON:10/01/2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

C.C.NO:219/2018

 

DATED: 10^th DECEMBER 2019

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

SMT. JYOTHI RADHESH JEMBAGI

BSc.,MBA., DHA.,             : LADY MEMBER

 

……COMPLAINANT/S	Smt G.Lakshmidevi, W/o Late S.Thimmappa, Aged about 25 Years, Household Work, Divya, D/o Late S.Thimmappa, Aged about 5 Years, Basavaraj, S/o Late S.Thimmappa, Aged about 3 Years, Sangappa, S/o Late S.Thimmappa, Aged about 55 Years, Agricultrist, Lakshmakka @ Lakshmamma, W/o Sangappa, Aged about 50 Years, House hold work,   Complainant No.2 & 3 are minors represented by their natural guardian mother Complainant No.1 All are R/o Masanihalli, Gollarahatti, Madadakere Hobli, Hosadurga Taluk.      (Reptd., By Sri.K. Rangaswamy, Advocate)
V/S
…..OPPOSITE PARTIES	Sanjeev M.Rathod, S/o Mothilal, Major, Asst.Lineman,Jankal Camp, K.E.B. Hosadurga Taluk.   Krishnamurthy D.N. S/o Nagendrappa, Mechanic, Grade II, BESCOM, Duggavvra, Hosadurga Taluk.   The Asst. Executive Engineer(E), BESCOM, Hosadurga.   (Reptd., By Sri.T.K. Chandrashekar Rao, Advocate)

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 compensation with interest and such other reliefs.

2.      The brief facts of the case of the above complainant is that, they are the wife, children and parents of deceased Thimmappa.  It is submitted that on 12.05.2018 at about 3-00 PM, the said Thimmappa was going to graze his sheep in the land belonging to one Devapura Hanumanthappa in Nagatihalli village, Hosadurga Taluk.  Due to the negligent act lf the OPs, the electric wire passes through Devapura-Nagatihalli village was cut down and fell down upon deceased Thimmappa and his sheep, as a result of which, the said Thimmappa died at the spot and one sheep also died.  A case was registered by Hosadurga Police in Crime No.277/2018, for the offence punishable u/Sec.304(A) of IPC against the OPs.  The PM was conducted by the Medical Officer of Government Hospital, Hosadurga and body was handed over to the complainants and performed the death ceremony and funeral by incurring huge expenses by borrowing money from their relatives and well wishers.  The entire family of the complainants is depending upon the earnings of said Thimmappa and due to the sudden death of said Thimmappa the complainants were thrown into street without any source of income and they are facing much hardship, financial loss beside mental agony.  In this regard, the complainants have intimated to the OPs and they agreed to pay the compensation at the initial stage and later on postponed the matter on one or the other pretext for the reasons best known to OPs.  All the efforts made by the complainants went in vain and till today the OPs have not paid the compensation to the complainants and thereby the OPs have committed deficiency of service.  Finally, the complainants have issued legal notice on 01.10.2018 calling upon the OPs to pay compensation and the OPs sent reply undertaking to pay compensation of Rs.5,00,000/-.  Immediately, after receiving the reply, the complainants approached the OPs to pay suitable compensation, but the OPs not ready to pay appropriate compensation, which is a deficiency of service on the part of OPs and the cause of action arose to file this complaint is within the jurisdiction of this Forum and prayed for allow the complaint.

3.      After service of notice, OPs appeared through Sri. T.K. Chandrashekar Rao, Advocate and filed version.  According to the version filed by OPs that, the averments made in para 2 is strict proof of the same.  It is not within the knowledge of OPs that, on 12.05.2018 at about 3-00 PM, the husband of complainant No.1 by name Thimmappa was grazing his sheep in the land of Devapura Hanumanthappa in Nagatihalli village, Hosadurga Taluk and it is false to state that, due to negligent act of the OPs, the electric wire passing through Devapura Hanumanthappa was fell down on the said Thimmappa and his sheep and died on the spot.  It is submitted that, the electric wire was fell down due to natural calamity beyond the control of OPs, the same is occurred due to heavy wind and rainfall, which resulted in short circuit and due to heat, the wire was cut and fell down.  There is no deficiency of service on the part of OPs and the electric wire passing through the said land was perfectly maintained.  The case is registered about incident in Crime No.277/2018 came to know to these OPs is only by Hosadurga Police.  They have no knowledge about the PM and handing over of the dead body to the complainants and the same is put to strict proof of the same.  It is false to state that, the said Thimmappa was grazing sheep and was earning huge income and contributing to his family.  It is not in dispute that, the complainants intimated the same facts to OPs.  But it is false to state that, the OPs postponed to pay the compensation is false.  The OPs have sanctioned Rs.5,00,000/- towards compensation to the legal heirs of the deceased Thimmappa vide order No.9237-43 dated 17.10.2018 and an intimation was sent to the complainants by the Executive Engineer (Ele.,), BESCOM, Chitradurga vide letter No.8134-35 dated 22.10.2018, but the complainants failed to produce the required documents, therefore, there is no lapse on the part of OPs.  It is submitted that, on humanitarian grounds, the OPs have sanctioned Rs.5,00,000/- towards compensation to the legal heirs of deceased Thimmappa and also for one sheep vide sanction Order No.SEEE/DVG/AEE/9237-43 dated 17.10.2018, but the complainants have not complied the requirements as per dated 22.10.2018 and hence, the payment is pending for want of compliance by the complainants.  Therefore, there is no deficiency of service on the part of OPs and prayed for dismissal of the complaint.  

4.      The complainant No.1 has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-9 were got marked and closed their side.  On behalf of OPs, one Sri.H. Thirupathi Naik, the Assistant Engineer(Ele.,) has examined as DW-1 by filing their respective affidavits and Ex.B-1 to B-5 documents have been got marked 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 complainants prove that, the deceased Thimmappa was died due to electrocution and 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, the complainants are the LRs of deceased Thimmappa.  On 12.05.2018 at about 3-00 PM, the said Thimmappa was grazing his sheep in the land of Devapura Hanumanthappa in Nagatihalli village, Hosadurga Taluk.  By that time, the electric live wire passes through Devapura-Nagatihalli was cut down and fell on the said Thimmappa and his sheep and died at the spot.  A case was registered in Crime No.277/2018 for an offence punishable u/Sec.304(A) of IPC against the OPs.  After the death of said Thimmappa, PM was conducted and performed the death ceremony.  Prior to the death, he was grazing sheep and earning good income and his family is depending upon his income.   The death of said Thimmappa has been informed to the OPs.  At the beginning the OPs assured to give compensation and undertook to pay an amount of Rs.5,00,000/- by giving reply to the notice given by the complainants.  After the reply given by the OPs, the complainants approached the OPs to give suitable compensation.  But the OPs are not ready to pay the appropriate compensation.  The incident was occurred due to negligence in maintaining the electric live wire.  The deceased Thimmappa was the only earning member of his family and after his death, his entire family is thrown into street and are facing financial crisis, loss of earnings and it is too difficult to lead their life.  The complainants performed the ceremonies as per their rituals and customs prevailed in their community by spending huge amount.   The complainants intimated about the incident to the OPs and demanded to pay compensation, but they failed to pay compensation.  The OPs have not taken any precautionary measures in maintaining the electrical live wires to safeguard the life of the public, due to which, the death of Thimmappa and sheep is occurred, which is a deficiency in rendering their service.  

 9.     We have gone through the entire documents filed by the complainants and OPs which shows that, the deceased Thimmappa was grazing sheep and was earning good income during his life time   and the same has been contributed to his family, the entire family is depending on his income.  After his death, his family came to street.  The documents produced by the complainants clearly goes to show that, the deceased Thimmappa was died due to electrocution.  The OPs have taken a contention that, they have maintained the electric live wire properly and there is no deficiency of service on their part.     When there is an electric live wire drawn, the duty of the OPs is to take precautionary measures to safeguard the public.  Here, they failed to do the same and failed to disprove the case of the complainants that, they have taken precautionary measures.  Ex.A-1 to 10 i.e., FIR, spot mahazar, inquest mahazar etc., clearly shows that, there is a deficiency in service on the part of OPs.  Due to the negligence on the part of OPs, the said Thimmappa was died due to electrocution.  The Doctor has given his opinion in Ex.A-4 i.e., Post mortem report that “the cause of death is due to electric shock”.   Moreover the OPs have admitted to pay a sum of Rs.5,00,000/- to the complainants towards compensation that itself shows that, there is a deficiency of service on their part in maintaining the electric live wire to safeguard the public.     

As per the available citations of I (2005) CPJ 778 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) – electricity –wires touching balcony of house – minor daughter electrocuted, became physically disabled – failure to maintain minimum distance as per norms of Electricity Act -  deficiency in service proved – O.P. liable to pay compensation and medical expenses – cost awarded.

 As per the Citation of IV (2008) CPJ 139 (NC) in the case of C.G.M., P & O, NPDCL &Ors Vs. Koppu Duddarajam and another wherein it has been held that;

“Consumer Protection Act, 1986 – Sections 2(1)(d), 2(1)(g) and 14(1)(d) – Electricity – Electrocution – Live wire fell on deceased – Severe electrocution and spot death resulted – Villagers pay taxes to Village Panchayats and power consumption charges to electricity company, are consumers – Complainants being beneficiaries entitled to compensation – Complaint allowed by Forum – Order upheld in appeal – No interference required in revision.”

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 OPs are liable for payment of compensation to the complainant.   

10.    Then the main question comes before the Forum is that, what is the quantum has to be paid to the complainants.  As per the documents produced by the complainants and as per the recent guidelines of the Hon’ble Supreme Court, the husband complainantNo.1was succumbed to the electrocution whose age was 56years, he was an agriculturist and there will earnings from him and on the basis of the guidelines of the Hon’ble Supreme Court, we would like to take notional income for an earning member as Rs.1,08,000/- p.a and age of the deceased is 34 years and as per Sarala Varma’s citation of Hon’ble Supreme Court, the multiplier will comes to 16.  After deducting 1/3 of the income of earning member for his personal expenses, the income will be of Rs.36,000/-.  So as per multiplier 16 the compensation will be Rs.36,000 X 16 = Rs.5,76,000/- and for loss of love and affection to the complainants from deceased, funeral expenses and transportation expenses will be Rs.70,000/- is to be ordered.  So, in all, the complainants are entitled to get for the amount of Rs.6,46,000/-.

11.    Hence, as discussed above in above paras, we come to the conclusion that, the complainants are entitled to get the compensation of Rs.6,46,000/-from OPs along with interest as they have not taken precautionary measures of the live wire which was passes through electric main wire and made the deficiency in service in not taking proper steps to safe guard the public interest.  Therefore, we come to the conclusion that, there is a deficiency of service on the part of OPs.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.    

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

ORDER

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

It is ordered that, the OPs are hereby directed to pay a sum of Rs.6,46,000/-to the complainants along with interest at the rate of 9% p.a from the date of filing of this complaint till realization.

Out of which, the complainant No.1 is entitled for a sum of Rs.2,46,000/- along with interest at the rate of 9% p.a from the date of filing of this complaint till realization.

It is further ordered that, the complainant No.2 and 3 are entitled for a sum of Rs.1,50,000/- each along with interest at the rate of 9% p.a from the date of filing of this complaint till realization, the same is ordered to be deposited in any Nationalized Bank till attaining their majority. 

It is further ordered that, the complainant No.4 and 5 are entitled for a sum of Rs.50,000/- each along with interest at the rate of 9% p.a from the date of filing of this complaint till realization.

It is ordered that, the complainant No.1 is entitled for a sum of Rs.10,000/- towards mental agony and  Rs.5,000/- towards cost of the proceedings to the complainant.

It is further ordered that, the OPs 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 04/12/2019 and it is pronounced in the open Court after our signatures)          ,,,,

 

                                     

MEMBER                                                   PRESIDENT

 

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

 

PW-1:  Complainant No.1 by way of affidavit evidence.

 

Witnesses examined on behalf of OPs:

 

DW-1: Sri. H. Thirupathi Naik, A.E.E (Elec.,) by way of affidavit evidence.

 

Documents marked on behalf of Complainants:

 

01	Ex-A-1:-	FIR
02	Ex-A-2:-	Complaint by M. Sannakariyappa
03	Ex-A-3:-	Charge sheet
04	Ex.A-4:	Spot Panchanama
05	Ex.A-5:-	Inquest Mahazar
06	Ex.A-6:-	P.M report
07	Ex.A-7:-	Statement of Sangappa
08	Ex.A-8:-	Statement of Revappa
09	Ex.A-9:-	P.M. Report

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Documents marked on behalf of OPs:

01	Ex-B-1:-	Letter dated 11.06.2018
02	Ex-B-2:-	Reply notice dated 22.10.2018
03	Ex-B-3:-	Letter dated 05.06.2018
04	Ex.B-4:	Compensation order dated 17.10.2018
05	Ex.B-5:-	Letter dated 22.10.2018

 

 

MEMBER                                                   PRESIDENT

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