Date of Filing 03.08.2023

                                                                                                       Date of Disposal: 23.01.2024

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVALLUR

BEFORE TMT. Dr.S.M. LATHA MAHESWARI, MA. ML, Ph.D (Law),                                    …….PRESIDENT

               THIRU.P.VINODH KUMAR, B.Sc., BL,                                                                           ……MEMBER-I

               THIUR.P.MURUGAN, M.Com, ICWA(Inter), BL.,                                                       ……MEMBER-II

CC.No.78/2023

THIS TUESDAY, THE 23^rd DAY OF JANUARY 2024

1.Tmt.Usha Santhanam,

2.Minor Jeevish Kumar,

3.Minor Pradeesh Kumar,

Rep. by mother and guardian Tmt.Usha Santhanam,

All are residing at

No.62,Panner Selvam Street,

Naravarikuppam,

Thiruvallur District -600 052.                                                               ......Complainants.

                                                                                 //Vs//

1.Assistant Engineer, TNEB,

    Naravarikuppam,  Redhills.

2.Superintending Engineer,

    TNEB, Redhills.                                                                                ……Opposite parties.

Counsel for the complainants                                : Mr.V.Srinivasaragavan, Advocate.

Counsel for the opposite parties.                          : Exparte.

This complaint coming before us on various dates and finally on 08.01.2024 in the presence of Mr.V.Srinivasaragavan, counsel for the complainants and the opposite parties were set exparte for non appearance and upon perusing the documents and evidences of the complainants this Commission delivered the following:

ORDER

PRONOUNCED BY TMT.Dr.S.M. LATHA MAHESWARI, PRESIDENT

1. This complaint has been filed by the complainants u/s 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the opposite parties along with a prayer to direct the opposite parties to pay a sum of Rs.15,00,000/- towards compensation for the death caused due to the deficiency in service and negligence of the opposite parties along with cost.

Summary of facts culminating into complaint:-

2. Present complaint preferred by the wife and children of One Mr.Santhanam who alleged to have died due to electrocution.

3. It was averred by the complainants that Late Mr.Santhanam was electrocuted by the hanging wire when he went outside the house.  As the death happened due to the negligence of the opposite parties the present complaint was filed claiming a compensation of Rs.15,00,000/- along with cost of the complaint.

4. On the side of complainants proof affidavit was filed and documents marked as Ex.A1 to Ex A7 were submitted.  Inspite of sufficient opportunities the opposite parties though filed vakalath did not file the written version and hence they were set exparte on 18.11.2023 for non filing of written version.

Points for consideration:-

1. Whether the claim for compensation made by the complainants from the opposite parties has to be honoured for the death of the husband of the 1^st complainant and father of the other 2 complainants?
2. To what relief the complainant is entitled to?

Point No.1:-

The following documents were filed on the side of complainant in support of their contentions;

1. FIR copy dated 15.06.2023 was marked as Ex.A1;
2. Death Certificate dated 15.06.2023 was marked as Ex.A2;
3. Aadhar card of deceased Santhanam was marked as Ex.A3;
4. Aadhar card of Tmt.Usha Santhanam was marked as Ex.A4;
5. Aadhar card of Minor.Jeevish Kumar was marked as Ex.A5;
6. Aadhar card of Minor.Pradeesh Kumar was marked as Ex.A6;
7. Pay slip for the month of May 2023 was marked as Ex.A7;

5. Heard the oral arguments of the learned counsel appearing for the complainant and perused the material evidence produced in support of the claim.

6. It was submitted by the learned counsel that the death of one Mr.Santhanam aged 41 years had occurred due to electrocution on 15.06.2023.  It is his case that as the opposite parties did not maintain the electrical lines properly, the deceased came into contact with the overhead hanging wire and got electrocuted and as a result he died on the spot which was confirmed by the doctors of the Venkateswara Hospital.  Thus he sought for a compensation of Rs.15,00,000/- for the death of the sole  bread winner of the family.

7. On appreciation of the evidence submitted by the complainants in proof of the death of Mr.Santhanam, we could find the Death Certificate and FIR copy dated 15.06.2023 (Ex.A1 & Ex.A2).  However, electrocution by the hanging wires was not substantiated by any documents.  When we insisted for the charge sheet and the Post mortem report, the same was not produced inspite of sufficient opportunities provided to the complainant.  In such circumstances the cause of death (i.e.) death due to electrocution was not proved by the complainant.  Therefore in the absence of post Mortem report we are unable to hold the opposite parties liable for the death of the deceased.  Mere statement will not form valid proof of the allegations made against the opposite parties.  In the said scenario we answer the point No.1 holding that in the present complaint, the complainant’s claim against the opposite parties could not be honoured.

8. Though the claim of complainants is maintainable before this forum, the same is dismissed for want of evidence. However, it is open to the complainants to approach the appropriate Authority/person with valid documents for compensation as it is well settled that the remedy of compensation is always available to a victim or his/her family in the event of an accidental death like electrocution. Thus points 1 & 2 answered accordingly.

In the result the complaint is dismissed.  No cost.

Dictated by the President to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this 23^rd day of January 2024.

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 MEMBER-II                                        MEMBER-I                                              PRESIDENT

List of document filed by the complainant:-

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MEMBER-II                                              MEMBER-I                                      PRESIDENT