Karnataka

Chitradurga

CC/110/2016

Shankar naik S/o Govinda Naik - 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: 110/2016

 

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	Shankara Naik S/o Govinda Naik, Age: 50 Years, R/o Yalakappanahatti Village, Hosadurga 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, Hosadurga, Chitradurga District.   2. Executive Engineer, (O & M), Electrical Division, BESCOM, 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.70,000/- 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 OX aged about 4 years and he was using the said OX for agriculture works.   He and his family members depending upon the said OX.  It is submitted that, there is an electric Transformer was installed by the side of the road near the house of complainant at Yalakappanahatti, Hosadurga Taluk in Chitradurga District.  The OP No.1 has not covered any safety guard or any other precautionary measures around the Transformer which was connected to the village water supply and electric power supply to the villagers for their domestic usage.  It is further submitted that, on 09.10.2014 at about 11-00 AM, one OX belongs to complainant was died due to the grounding of electrical transformer line pole guard, which was connected to the fencing laid to the land of one Bank Chandrappa situated by the side of the public road at the time of grazing due to electrocution.  It is further submitted that, at the time of death of the OX due to electrocution, the same was hale and healthy, the market value of the same was nearly Rs.40,000/-.  Apart from that, future income of the said OX was unlimited.  The complainant is restricted to claim the amount of Rs.70,000/- including the value of the OX and its profits in future.  It is further submitted that, as per the PM report, the value of the OX is Rs.25,000/-.  In fact, the present market value of the OX is of Rs.40,000/- 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 OX 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 OX.  The OPs have admitted in their letter dated 10.08.2015 and they have ready to pay the compensation of Rs.5,000/-, 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 OX belongs to complainant was 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 09.10.2014 when the OX was died due to electrocution and the documents submitted before the OPs within the jurisdiction of this Forum and prayed for allowing of the complaint.    

The complainant also filed an application u/Sec.5 of Limitation Act to condone the delay in filing this complainant by giving satisfactory reasons supporting the affidavit. 

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

 4.     Complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-6 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 OX to use the same for agricultural works.   He and his family members depending upon the said OX.  An electric Transformer was installed by the side of the road near his house at Yalakappanahatti, Hosadurga Taluk in Chitradurga District.  But, the same has not been covered any safety guard or any other precautionary measures by the OPs, which was connected to the village water supply and electric power supply to the villagers for their domestic usage.  On 09.10.2014 at about 11-00 AM, OX belongs to complainant was died due to the grounding of electrical transformer line pole guard, which was connected to the fencing laid down to the land of one Bank Chandrappa installed by the side of the public road when the OX was grazing due to electrocution.  The same was hale and healthy.  The market value of the same was nearly Rs.40,000/-.  Apart from that, future income from the said OX was unlimited.  The complainant is restricted the claim amount of Rs.70,000/- including the value of the OX and its profits in future.  As per the PM report, the value of the OX is Rs.25,000/-, present market value of the OX is of Rs.40,000/-.  Due to negligent act and carelessness of the OPs, the OX met with an electrical accident and died.  The complainant has produced all the relevant documents i.e., spot mahazar, PM report and photo of the deceased OX.  The OPs have admitted in their letter dated 10.08.2015 and they have 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.  Due to improper service of the OPs, the earning OX belongs to complainant was died, due to electrocution. 

 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 complaint given by son of complainant marked as Ex.A-1, Spot Mahazar marked as Ex.A-2, Statement of one Smt. Lakshmibai marked as Ex.A-3, PM report marked as Ex. A-4, Order dated 10.08.2015 by the Officer of OP No.1 marked as Ex.A-5 and 2 Photo copies of deceased OX marked as Ex.A-6.

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 OX to use the same for agricultural works.   On 09.10.2014 at about 11-00 AM, the said OX was died due to the grounding of electrical transformer line pole guard by the side of the public road when the OX was grazing due to electrocution.  As per the PM report, the value of the OX is Rs.25,000/-, present market value of the OX is of Rs.40,000/-.  Due to negligent act and carelessness of the OPs, the OX 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.35,000/- 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 given by son of complainant
02	Ex-A-2:-	Spot Mahazar
03	Ex-A-3:-	Statement of one Smt. Lakshmibai
04	Ex-A-4:-	PM report
05	Ex-A-5:-	Order dated 10.08.2015 by the Officer of OP No.1
06	Ex-A-6:-	2 Photo copies of deceased OX

Documents marked on behalf of OPs:

-Nil-

 

MEMBER                                                            PRESIDENT

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