Karnataka

Chitradurga

CC/114/2016

Suvarnamma W/o Ramesha Naika - 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: 114/2016

 

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	Suvarnamma W/o Ramesha Naika, Age: 48 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 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.65,000/- 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, she is an agricultural coolie by profession having buffalo aged about 4 years.   She and her family members are depending upon the earnings of said buffalo.  It is further submitted that, electricity transformer live line was situated by the side of the public road and also near the house of the complainant in Bommanakatte village and the said live line was not covered with any safety guard or any other precautionary measures around the electric transformer which was connected to the water supply and for domestic usage.  On 22.08.2015 at about 1-00 PM buffalo belongs to the complainant died due to grounding of electrical transformer when the same was grazing by the side of the transformer.     It is further submitted that, as per the PM report, the value of the buffalo is Rs.15,000/-. But, the present market value of the same was nearly Rs.35,000/-.  Apart from that, future income of the said buffalo was unlimited.  The complainant is restricted to claim the amount of Rs.65,000/- including the value of the buffalo and the profits in future.  It is further submitted that, due to negligent and careless act and service of the OPs, the buffalo 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 buffaloes.  The OPs are 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 of buffalo 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 22.08.2016 when the police complaint was lodged and when the mahazar was drawn and PM report dated 22.08.2016.  Buffalo was 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-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, is an agricultural coolie by profession having buffalo aged about 4 years and depending upon the earnings of said buffalo.  The Electricity transformer live line was situated by the side of the public road and also near the house of the complainant in her village and the said live line was not covered with any safety guard or any other precautionary measures around the electric transformer which was connected to the water supply and for domestic usage.  It is argued that, on 22.08.2015 at about 1-00 PM buffalo belongs to the complainant died due to grounding of electrical transformer when the same was grazing by the side of the transformer.     Due to negligent and careless act and service of the OPs, the buffalo met with an electrical accident and died.  OPs have not given proper service to this complainant.  The OPs are 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 due to improper service of the OPs, the earning of buffalo 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. 

  9.    In support of her contention, the complainant has filed her affidavit evidence and reiterated the contents of complaint and relied on the documents like true copy of death report marked as Ex.A-1, Statement of one Ranganaika marked as Ex.A-2, PM report marked as Ex.A-3, Order dated 31.08.2016 with regard to compensation marked as Ex.A-4, Photo copy of deceased buffalo marked as Ex.A-5 and Spot Mahazar 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 buffalo aged about 4 years and depending upon the earnings of said buffalo.  The electricity transformer live line was situated by the side of the public road and also near the house of the complainant in her village and the said live line was not covered with any safety guard or any other precautionary measures around the electric transformer which was connected to the water supply and for domestic usage.  It is argued that, on 22.08.2015 at about 1-00 PM buffalo belongs to the complainant died due to grounding of electrical transformer when the same was grazing by the side of the transformer.  Due to negligent and carelessness and deficiency of service on the part of OPs, the buffalo met with an electrical accident and died.  The OPs are 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 due to improper service of the OPs, the earning of buffalo 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 OPs 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.25,000/- 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:-	True copy of death report
02	Ex-A-2:-	Statement of one Ranganaika
03	Ex-A-3:-	PM report
04	Ex-A-4:-	Order dated 31.08.2016 with regard to awarding of compensation
05	Ex-A-5:-	Photo copy of deceased buffalo
06	Ex-A-6:-	Spot Mahazar

 

Documents marked on behalf of OPs:

-Nil-

 

MEMBER                                                            PRESIDENT

Rhr**