Karnataka

Chitradurga

CC/113/2016

Basavarajappa S/o Thimappa - Complainant(s)

Versus

Section Officer,Bescom - Opp.Party(s)

Sri.G.S.Shivakumar

13 Apr 2017

ORDER

COMPLAINT FILED ON:02.12.2016

DISPOSED      ON:13.04.2017

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO: 113/2016

 

DATED:  13^th APRIL 2017

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

                   SRI.N. THIPPESWAMY        : MEMBER

                                 B.A., LL.B.,   

……COMPLAINANT/S	Basavarajappa S/o Thimmappa, Age: 50 Years, R/o Bommanakatte Village, Holalakere Taluk, Chitradurga District.     (Rep by Sri.G.S. Shiva Kumar, Advocate)
V/S
…..OPPOSITE PARTIES	BESCOM Represented by its   1. Section Officer, BESCOM, Rural Sub-Division, Holalkere Taluk, Chitradurga District.   2. Assistant Executive Engineer, (O & M), Electrical Division, BESCOM, Holalkere, Chitradurga District.   3. Managing Director, BESCOM, Corporate Officer, Bangalore.   (Rep by Sri. M. Umesh, 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 compensation of Rs.95,000/- with interest at 10% p.a from the date of accident till realization.

2.      The brief facts of the case of the above complainant are that, he is an agriculturist by profession having 2 Amruth Mahal Cross Breed cattle aged about 6 and 8 years respectively.   He and his family members are depending upon the earnings of said cattle.  It is further submitted that, on 18.04.2016 at about 1-00 PM, the same were died due to touching with the electric live line which was broken down situated by the side of the Mahathma Gandhi National Co-operative Societies and land of one Sri Ramappa when they were grazing by the side of public road.   At the time of death of said cattle, the same were hale and healthy, the market value of the same was nearly Rs.35,000/-.  Apart from that, future income of the said cattle was unlimited.  The complainant is restricted to claim the amount of Rs.95,000/- including the value of the cattle and the profits in future.  It is further submitted that, the present market value of the same is of Rs.35,000/- each and also they have not calculated on the basis of future prospective income.  It is further submitted that, due to negligent and careless act and service of the OPs, the cattle belongs to complainant met with an electrical accident and died.  OPs have not given proper service to this complainant.  The complainant has produced all the relevant documents i.e., spot mahazar, PM report and photo of the deceased cattle.  The OPs are ready to pay the compensation of Rs.5,000/- each cattle, which is a very meager amount.   It is further submitted that, the duty of the OPs is to maintain the electricity line and transformer with care and caution.  But due to improper service of the OPs, the earning of cattle belongs to complainant were died, which caused financial loss and mental agony to the complainant.  The complainant told the OPs to cover the electrical transformer with safety guard but, the OPs intentionally neglected to do the same, the same amounts to deficiency of service and negligence on the part of OPs.  The cause of action for the complaint arose on 18.04.2016 when the cattle were died due to electrocution and the documents submitted before the OPs are within the jurisdiction of this Forum and prayed for allowing of the complaint.   

3.      On service of notice, OPs appeared before this Forum through Advocate Sri.M. Umesh but they have not filed any version, affidavit or written arguments. 

 4.     Complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-7 were got marked.  OPs have not filed any documents in support of their case.    

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, the OPs have committed deficiency of service in settling the claim made by him 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 is an agriculturist by profession, having 2 Amruth Mahal Cross Breed cattle aged about 6 and 8 years and his family depending upon the earnings of said cattle.  On 18.04.2016 at about 1-00 PM, the same were died due to touching with the electric live line which was broken down situated by the side of the Mahathma Gandhi National Co-operative Societies and land of one Sri Ramappa when they were grazing by the side of public road.   The market value of the same was nearly Rs.35,000/- each and the future income of the said cattle was unlimited.  The complainant is restricted to claim the amount of Rs.95,000/- including the value of the cattle and the profits in future.  Due to negligent and carelessness act and service of the OPs, the cattle met with an electrical accident and died.  OPs have not given proper service to this complainant.  The complainant has produced all the relevant documents i.e., spot mahazar, PM report and photo of the deceased cattle.  The OPs are ready to pay the compensation of Rs.5,000/- each cattle, which is a very meager amount.   It is argued that, due to improper service of the OPs, the cattle belongs to complainant were died, which caused financial loss and mental agony to the complainant.  The complainant told the OPs to cover the electrical transformer with safety guard but, the OPs intentionally neglected to do the same, the same amounts to deficiency of service and negligence on the part of OPs.   

9.      In support of his contention, the complainant has filed his affidavit evidence and reiterated the contents of complaint and relied on the documents like true copy of the complaint marked as Ex.A-1, compensation awarded order copy marked as Ex.A-2, PM reports marked as Ex. A-3 and A-4, Statement of complainant marked as Ex.A-5, Spot Mahazar marked as Ex.A-6, and Photo copy of deceased cattle marked as Ex.A-7.

10.   On hearing the arguments of complainant and on perusal of the documents including the affidavit and documentary evidence, it clearly made out that, the complainant is an agriculturist by profession having cattle.   On 18.04.2016 at about 1-00 PM, the two Amruth Mahal Cross Breed cattle belongs to complainant was died due to the touching of electric live line which was broken on the said cattle by the side of the public road when the same were grazing due to electrocution.  The present market value of the same is of Rs.35,000/-.  Due to negligent act and carelessness of the OPs, the said cattle met with an electrical accident and died.  OPs were ready to pay the compensation of Rs.5,000/-, which is a very meager amount.   The duty of the OPs is to maintain the electricity line and transformer with care and caution.  But, they have not maintained the same with proper care and caution.  Hence, in our considered view, the OPs have committed a deficiency in service and neglected to maintain the proper fencing around the transformer installed near the road side.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.          

            11.     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 CP Act 1986 is partly allowed.

It is ordered that, the OPs are hereby directed to pay a sum of Rs.60,000/- along with interest at the rate of 6% p.a from the date of filing of the complaint till realization. 

It is further ordered that, the OPs are hereby directed to pay Rs.5,000/- towards costs of this proceeding.  

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 13/04/2017 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:

-Nil-

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Complaint
02	Ex-A-2:-	Copy of compensation awarded order
03	Ex-A-3 & 4:-	PM reports
04	Ex-A-5:-	Statement of complainant
05	Ex-A-6:-	Spot Mahazar
06	Ex-A-7:-	Photo copy of deceased cattle

 

Documents marked on behalf of OPs:

-Nil-

 

MEMBER                                                            PRESIDENT

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