Karnataka

Chitradurga

CC/38/2020

Smt.Malamma w/o Gadari Palaiah, - Complainant(s)

Versus

The Assistant Executive Engineer(Ele), - Opp.Party(s)

Sri.Y.B.Shivanada

19 Apr 2021

ORDER

COMPLAINT FILED ON:20/06/2020

DISPOSED      ON:19/04/2021

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHITRADURGA.

CC.NO:38/2020

DATED: 19^th April 2021

PRESENT: -     Smt. H.N. MEENA. ….     RESIDENT

                        B.A., LL.B.,              

                     Smt. B.H. YASHODA.              ....MEMBER

                     B.A., LL.B.,

 

……COMPLAINANT/S	Smt. Mallamma W/o Gadri Palaiah, Major, Near Maramma Temple, C.K. Pura, Kelagote, Chitradurga.   (Rep., by Sri. Y.B. Shivananda, advocate)
V/S
…..OPPOSITE PARTY/S	1. The Assistant Executive Engineer (Ele), City Sub-Division, Operation and Maintenance Section, Bescom, Chitradurga. 2. The Executive Engineer (Elec), Operation and Maintenance Circle, Bescom, Chitradurga.   3. The Chief Engineer (Elec), Operation and Maintenance Zone, Bescom, Opp., R.T.O. Office, Turuvanur Road, Chitradurga.   4. The Branch Officer (Ele), Bescom, City Sub-Division, Unit-3, Turuvanur Road, Chitradurga.   (Rep., by Sri. T.K. Chandrasheker Rao,  for OPs Advocate)

 

Written by Smt. H.N. MEENA, President.

ORDERS

1.    The above complainant has been filed by the complaint U/s 12 of CP Act 1986 for the reliefs  direct the Ops to pay compensation of Rs. 2,00,000/- with compensation of Rs. 25,000/- and cost of Rs. 10,000/- .

2.    The brief facts of the case of the complainant are that, she was resident of C.K. Pura Extension, Kelagote, Chitradurga and she is the owner of the buffalo on 07/07/2017 at about 8.00 a.m. when it was grazing outside and it was not traced till night and next day some body has told that the said buffalo was met with electrical accident and died near KSRTC Depot near T.C. No. 1045/250KVA transformer. This accident to buffalo was occurred due to snapping of wire on the road and when the buffalo came in contact with live electric wire it was died. After that, the complainant has lodged complaint before Chitradurga, Badavane Police and also informed the same to Bescom Office. Postmortem was done by veterinary Doctor, buffalo was died due to electrocution and. It is assessed for the value of the buffalo was Rs. 40,000/- further submitted that, she was earning Rs. 10,000/- p.m. from the milk of buffalo. And also buffalo was capable of giving birth to calves. Complainant sustained loss of Rs. 2,00,000/- due to negligence and deficiency of service. On the part of Ops in maintaining the electrical line properly. The complainant asked to make good the loss suffered by him by the negligence of the Ops. But Ops have not responded properly and given evasive answer. Hence prayed for allow the complaint.

 

3.    After service of notice from this Hon’ble Commission, OP No.1 to 4 appeared through Sri. T.K. Chandrashekar Rao, Advocate and filed version.

4.    Op in their version have contended that, they have denied the contents of Para 1 to 7 of the complaint as false. It is reported by the Asst., Engineer that a message was received at about 5.20 p.m. on 07/07/2017 through M.S. Babu, lineman that a buffalo was died due to electric shock and when Asst. Engineer visited the spot it was found that Electrical wire was cut down due to heavy wind and rainfall and when buffalo come in contact with live electric wire it was died. As per the post mortem report of Assistant Director of Animal Husbandry, the value of the deceased buffalo was Rs. 40,000/-. As per the police complaint given by complainant on 08/07/2017 the value of deceased buffalo was Rs.30000/-. The complainant give legal notice to the Ops and the Ops give reply on 01/06/2020 denying all the allegations of complainant against Ops and this accident is due to act of God by heavy wind and  rain was on 07/07/2017. The Ops maintained electrical lines in good condition and there were no negligence or deficiency of service on the part of Ops. The Ops specifically informed that there is an inordinate delay by the complainant in claiming the compensation and the Ops are not responsible and not liable to pay any compensation to the complainant as there is no deficiency or negligence of service on the part of Ops. Hence pray for dismissal of the complaint.

5.    The complainant No.1 herself has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-17 were got marked and closed their side.  On behalf of OP No.1 to 4 one Sri.H. Thimmanna S/o Hanumanthappa, Assistant Executive Engineer, Bescom, has examined as DW-1 and Ex.B-1 to B-10 documents marked closed their side. 

 

1. Whether the complainants proves that, OPs have committed deficiency of service in maintaining the electrical line properly and they are responsible for the death of buffalo of the complainant by electrical shock and entitled for the relief as prayed for?

             (2) What order?

       6. Our findings on the above points are as follows.

              Point No.1:-Partly Affirmative.

              Point No.2:- As per the final order.

             

::REASONS::

7.    Point No.1:-It is not dispute that, the complainant is having Buffalo and the same was grazing outside on 07/07/2017 and it was missing and on next day the said buffalo was died due to electric shock. Assistant Engineer visited the spot and it was found that electrical wire cut down due to heavy wind and rainfall and when buffalo come in contact with live electric wire it was died.

8.    In support of her contention, the complainant has filed her affidavit evidence and reiterated the contents of complaint and relied on the documents like complaint given complainant marked as Ex.A.1 Bescom, Chitradurga, marked as Ex A-3 Form A, marked as Ex A-5 complainant statement, marked as Ex A-6 evidence statement of Thippeswamy, marked as Ex A-12 certified photo copies of deceased buffaloes, marked as Ex A-13 spot mahazar.

9.    On hearing the arguments of complainant and on perusal of the documents including the affidavit and documentary evidence it’s clearly made out that, the said buffalo was died due to the electric shock. As per the P.M. report, the value of the buffalo is Rs. 40,000/- complainant stated that the income of Rs. 10,000/- p.m. to the complainant out of the milk from the said buffalo. He further stated that buffalo was capable of giving birth of calves incurred the expenditure of Rs. 10,000/- for cremation of buffalo.

10.  Due to the negligent get and carelessness of the Ops the buffalo met with an electrical accident and died. It is the duty of the Ops is to maintain the same with proper care and caution. Hence we are of the opinion that Ops have committed deficiency in service and neglected to maintain proper fencing. Thereby earning buffalo belongs to complainant was died which caused financial loss and mental agony to the complainant. Accordingly this point No.1 is held as partly affirmative to the complaint.

       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. 40,000/- to the complainant along with interest at the rate of 9% p.a. towards the death of buffalo from the date of death of buffalo i.e., 07/07/2017 till realization.

       It is further ordered that, the Ops are hereby directed to pay of Rs. 10,000/- towards mental agony and Rs.10,000/- 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 Members after the correction of the draft on 19/04/2021 and it is pronounced in the open Court after our signatures)
 

 

                                                         

                                            PRESIDENT

 

 

 

 

 

 

 

 

LADY MEMBER          

 

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:-Complainant by filing affidavit evidence.

Documents marked on behalf of Complainant:

Ex-A-1:-	¢£ÁAPÀ: 07/07/2017gÀAzÀÄ £ÀqÉzÀ WÀl£É §UÉÎ ¥ÀvÀæzÀ zÀÈrüÃPÀÈvÀ ¥Àæw.
Ex-A-2:-	JªÉÄä ªÀÄÈvÀ¥ÀnÖgÀĪÀ eÁUÀzÀ £ÀPÉëAiÀÄ zÀÈrüÃPÀÈvÀ ¥Àæw.
Ex-A-3:-	¨É¸ÁÌA avÀæzÀÄUÀð EªÀgÀÄ §gÉ¢gÀĪÀ ªÀgÀ¢AiÀÄ zÀÈrüÃPÀÈvÀ ¥Àæw.
Ex.A-4:-	PÁAiÀÄð¤ªÁðºÀPÀ EAf¤AiÀÄgï («) ¨É¸ÁÌA, avÀæzÀÄUÀðEªÀgÀÄ 18/07/2017gÀ ¥ÀvÀæzÀ zÀÈrüÃPÀgÀt ¥Àæw.
Ex.A-5:-	zÀÆgÀÄzÁgÀgÁzÀ ªÀÄ®èªÀÄä EªÀgÀ ºÉýPÉAiÀÄ zÀÈrüÃPÀÈvÀ ¥Àæw
Ex.A-6:-	Dgï. w¥ÉàøÁé«Ä EªÀgÀ ºÉýPÉAiÀÄ zÀÈrüÃPÀÈvÀ ¥Àæw.
Ex.A-7:-	¸ÀºÁAiÀÄPÀ EAf¤AiÀÄgï (« ¨É¸ÁÌA, avÀæzÀÄUï EªÀgÀÄ ¢£ÁAPÀ: 17/07/2017gÀ ¥ÀvÀæzÀ zÀÈrüÃPÀÈvÀ ¥Àæw
Ex.A-8:-	¢£ÁAPÀ: 20/07/2017gÀ ¥ÉÆøïÖ ªÀiÁlðA ªÀgÀ¢AiÀÄ zsÀÈrÃPÀÈvÀ ¥Àæw.
Ex.A-9:-	¢£ÁAPÀ: 20/07/2017gÀ ¥ÉÆðøï oÁuÉ, avÀæzÀÄUÀð EªÀgÀ zÀÈrüÃPÀÈvÀ ¥Àæw.
Ex.A-10:-	¢£ÁAPÀ: 08/07/2017gÀAzÀÄ ªÀÄ®èªÀÄä EªÀgÀÄ ¥ÉÆð¸ï E¯ÁSÉUÉ zÀÆgÀÄ
Ex.A-11:-	»A§gÀºÀ
Ex.A-12:-	JªÉÄä ªÀÄgÀtzÀ bÁAiÀÄ avÀæUÀ¼ÀÄ
Ex.A-13:-	¥ÀAZÉ£ÁªÉÄ
Ex.A-14:-	¸ÀºÁAiÀÄPÀ EAf¤AiÀÄgï («) PÁ ªÀÄvÀÄÛ ¥À «¨sÁUÀ ¨É¸ÁÌA avÀæzÀÄUÀð
Ex.A-15:-	°ÃUÀ¯ï £ÉÆÃn¸ï
Ex.A-16:-	ªÀÄgÀÄ GvÀÛgÀ £ÉÆÃn¸ï PÀbÉÃj ¥Àæw
Ex.A-17:-	¥ÉÆøÀÖ¯ï gÀ²Ãw ªÀÄvÀÄÛ CAZÉ ¹éÃPÀÈw ¥ÀvÀæ

DW-1: H. Thimmanna S/o Hanumanthappa,  Assistant,  Executive Engineer, Bescom, Chitradurga, by way of affidavit evidence.

 

Documents marked on behalf of OP.

 

Documents marked on behalf of OPs:

 

01	Ex-B-1:-	Report of Asst., Engineer Bescom, cta. Leer No. 441, dated 18/07/2017 addressed to Deputy Electrical Inspectorate, CTA
02	Ex-B-2:-	Letter No. 2182 dated 25/07/2017
03	Ex.B-3:-	Report of Executive Engineer, Bescom, CTA
04	Ex.B-4:-	Letter of PSI, Chitradurga Dated 20/07/2017 addressed to executive Engineer CTA
05	Ex.B-5:-	Post Mortem report
06	Ex.B-6:-	Report of M.S. Babu lineman,
07	EX.B-7:-	Police Complaint given by Mallamma dated 8/07/2017
08	EX.B-8:-	Legal notice
09	EX.B-9:-	Regd., post receipt
10	EX.B-10:-	Postal Acknowledgement

 

 

 

 

 

  PRESIDENT

 

 

 

 

 

 

 

 

 

 

LADY MEMBER 

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