Karnataka

Chitradurga

CC/68/2016

Smt N.P.Nethravathi W/o Late Vasudevareddy - Complainant(s)

Versus

The Chief Secretary,Govt of Karnataka - Opp.Party(s)

Shri.B.K.Puttappa

20 Jan 2017

ORDER

COMPLAINT FILED ON:06.07.2016

DISPOSED      ON:20.01.2017

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO: 68/2016

 

DATED:  20^th JANUARY 2017

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

                   SRI.N. THIPPESWAMY        MEMBER

                                 B.A., LL.B.,   

……COMPLAINANTS	1. Smt.N.P. Nethravathi, W/o LateVasydevareddy, Major, Household Work.   2. Tharun S/o Late Vasudevareddy, 06 Years, Minor.   3. Vandhana D/o Late Vasudevareddy, 04 Years, Minor.   Complainant No.2 and 3 are minors, represented by their natural mother, 1st complainant as their natural guardian, R/o Dandinakurabarahatty, Chitradurga Taluk and District.      (Rep by Sri.B.K. Puttappa, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Section Officer, BESCOM, Chitradurga Sub-Section, Chitradurga.   2. The Chief Engineer, Maintenance, BESCOM, Chitradurga.   3. Assistant Executive Engineer, BESCOM, Commercial Operation and Maintenance, Chitradurga.   (Rep by Sri. M. Umesh, Advocate)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainants u/Sec.12 of the C.P Act, 1986 for the relief to direct the OPs to pay Rs.19,00,000/- with interest at 18% p.a and such other reliefs.

2.     The brief facts of the case of the above complainants are that, they are the permanent residents of Dandinakurabarahatty village, Chitradurga Taluk.  Complainant No.1 is the wife and complainant No.2 and 3 are the minor daughter and son of said Vasudevareddy respectively living under the common roof.  During his life time, said Vasudevareddy was having agricultural land at Dandinakurubarahatty village and growing valuable commercial crops like onion, sunflower and cotton getting income nearly 8-10 lakhs.  The complainants are entirely depending upon the earnings of deceased Vasudevareddy.  It is further submitted that, on 30.10.2014 at about 7-00 AM, said Vasudevareddy was going to his agricultural land for flowing the water to the existing crops.  While he was starting the bore-well, suddenly passed the electric shock at the panel board, for which the said Vasudevareddy died at the spot because of the mains wire at the panel board was damaged. After that, the body was shifted to District Government Hospital, Chitradurga.  The Medical Officer conducted the Post-mortem and opined that, the death is due to electrical shock.  After that, the body was shifted to his native place and conducted the death funeral ceremonies.  Complainants are depending upon the earnings of deceased Vasudevareddy.  Due to the untimely death of said Vasudevareddy, they have suffered lot and put into great mental shock, agony, pain and deep sorrow.  It is submitted that, the said incident took place due to gross negligence and deficiency on the part of OPs. The OPs have not maintained the electrical line properly and they have not properly checkup the electrical line time to time.  A complaint has been lodged before the Rural Police, they have registered a case in UDR No.54/2014 on 30.10.2014 and submitted a final report in C.C.No.51/2014.  Complainant has intimated about the accident to the OPs but, they have not taken any action.  Thereafter, complainant got issued legal notice through Advocate but, the OPs gave an evasive reply on 09.03.2016 to the complainant.  It is further submitted that, complainant has furnished all the police documents to the OPs claiming compensation but, the OPs repudiated the same, for which the complainants have suffered great mental agony and sock.  OPs have not discharged their deliberate duty.  Complainant demanded and requested the OPs to settle the claim or otherwise to send back the certified copies of the criminal case papers and other relevant documents but, the OPs neglected to comply the request of the complainant, which is a deficiency of service.  The cause of action to file this complaint arose on 30.10.2014 when the incident took place and the complaint has been lodged with the concerned Rural Police, Chitradurga and when the legal notice issued to the OPs on 19.02.2016.  Therefore, the complainant respectfully prayed before this Forum to direct the OPs to pay a sum of Rs.19,00,500/- along with 18% interest. 

3.     On service of notice, OPs appeared through                    Sri. M.Umesh, Advocate and filed version denying the entire averments made in the complaint.  It is false to state that, the complainants are the permanent residents of Dandinakurabarahatty village, Chitradurga Taluk, complainant No.1 is the wife and complainant No.2 and 3 are the minor daughter and son of said Vasudevareddy respectively living under the common roof.  During his life time, said Vasudevareddy was having agricultural land at Dandinakurubarahatty village and growing valuable commercial crops like onion, sunflower and cotton getting income nearly 8-10 lakhs are denied as false and the complainants are entirely depending upon the earnings of deceased Vasudevareddy.  It is further denied that, on 30.10.2014 at about 7-00 AM, said Vasudevareddy while starting the bore-well, suddenly current passed at the panel board, for which the said Vasudevareddy died at the spot because of the mains wire at the panel board was damaged. After that, the body was shifted to District Government Hospital, Chitradurga and the Medical Officer conducted the Post-mortem and opined that, the death is due to electrical shock are denied as false.  It is further denied that, the complainants are depending upon the earnings of deceased Vasudevareddy and due to the untimely death of said Vasudevareddy, they have suffered lot and put into great mental shock, agony, pain and deep sorrow.  It is denied that, the said incident took place due to gross negligence and deficiency on the part of OPs and the OPs have not maintained the electrical line properly and they have not properly checkup the electrical line time to time.  It is stated that, a complaint has been lodged before the Rural Police, Chitradurga and registered a case in UDR No.54/2014 on 30.10.2014 and submitted a charge sheet in C.C.No.51/2014 colluding with the complainant.  It is false to state that, complainant has intimated about the accident to the OPs but, they have not taken any action and complainants got issued legal notice and the OPs gave an evasive reply on 09.03.2016 to the complainant and they have repudiated the claim made by the complainants.  It is submitted that, OPs have not neglected and violated any duties lies upon them.  OPs are not liable for the own fault of the deceased and the negligence is on the part of himself only and the question of precautionary or safety measures does not arise on their part.  The alleged incident took place is an internal wiring problem, it is nowhere concerned to the OPs and their duty is up to main pole and the electrocution took place at meter board and the report of the electrical inspectorate clearly shows that, the fault lies with the complainants only.  There is no consumer relationship between the deceased and this Forum has no jurisdiction to deal with this matter there is no deficiency of service on the part of OPs and prayed for dismissal of the complaint.                

4.     Complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-12 were got marked. On behalf of OPs one Sri. Mallikarjunaswamy, Executive Engineer (O & M), Bescom, Chitradurga has examined as DW-1 by filing the affidavit evidence and no documents have been got marked.   

5.     Arguments of both sides heard. 

6.     Now the points that arise for our consideration for decision of above complaints are that;

(1)  Whether the complainants prove that the OPs have committed deficiency of service in settling the claim made by them 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, complainants are the permanent residents of Dandinakurabarahatty village, Chitradurga Taluk.  Complainant No.1 is the wife and complainant No.2 and 3 are the minor daughter and son of said Vasudevareddy respectively, who died in an electrocution. During his life time, said Vasudevareddy was owning agricultural land at Dandinakurubarahatty village and growing valuable commercial crops like onion, sunflower and cotton getting income nearly 8-10 lakhs.  The complainants are entirely depending upon the earnings of deceased Vasudevareddy.  On 30.10.2014 at about 7-00 AM, said Vasudevareddy was going to his agricultural land for feeding water to the existing crops.  When he was starting the bore-well, suddenly current was passed at the panel board, for which the said Vasudevareddy died at the spot because of the mains wire at the panel board was damaged. The Medical Officer, District Government Hospital, Chitradurga conducted the Post-mortem and opined that, the death is due to electrical shock.  Complainants are depending upon the earnings of deceased Vasudevareddy.  Due to the untimely death of said Vasudevareddy, they have suffered lot and put into great mental shock, agony, pain and deep sorrow.  The said incident took place due to gross negligence and deficiency on the part of OPs as they have not maintained the electrical line properly time to time.  Complainant has intimated about the accident to the OPs by furnishing all the police documents to the OPs claiming compensation but, the OPs repudiated the same, stating that there is no deficiency of service on their part and the negligence is on the part of deceased only.  OPs have not discharged their deliberate duty.  Complainant requested the OPs to settle the claim or otherwise to send back the certified copies of the criminal case papers and other relevant documents but, the OPs neglected to comply the request of the complainant, which is a deficiency of service.   

 9.    In support of his contention, the complainants have filed his affidavit evidence and reiterated the contents of complaint and relied on the documents like True copy of UDR No.54/2014 along with complaint marked as Ex.A-1, true copy of spot mahazar marked as Ex.A-2, true copy of inquest mahazar marked as Ex.A-3, True copy of PM report marked as Ex.A-4, True copy of legal notice marked as Ex.A-5, True copy of receipt for having paid  an amount of Rs.37,052/- towards RR No.KVIP67 marked as Ex.A-6, reply notice dated 09.03.2016 marked as Ex.A-7, Original Patti (18 in numbers) marked as Ex.A-8, which shows the deceased has grown onion, Record of Rights pertains to complainant marked as Ex.A-9 to Ex.A-12.    

10.   On the other hand, it is argued and denied by the OPs that, complainant No.1 is the wife and complainant No.2 and 3 are the minor daughter and son of said Vasudevareddy respectively living under the common roof.  It is vehemently denied that, the said Vasudevareddy was having agricultural land at Dandinakurubarahatty village and growing valuable commercial crops like onion, sunflower and cotton getting income nearly 8-10 lakhs and the complainants are entirely depending upon the earnings of deceased Vasudevareddy and on 30.10.2014 at about 7-00 AM, said Vasudevareddy while starting the bore-well, suddenly current passed at the panel board, for which the said Vasudevareddy died at the spot because of the mains wire at the panel board was damaged. Medical Officer conducted the Post-mortem and opined that, the death is due to electrical shock are denied as false.   The complainants are depending upon the earnings of deceased Vasudevareddy and due to the untimely death of said Vasudevareddy, they have suffered lot and put into great mental shock, agony, pain and deep sorrow and the said incident took place due to gross negligence and deficiency of service on the part of OPs and the OPs have not maintained the electrical line properly and they have not properly checkup the electrical line time to time are denied as false.  It is vehemently argued that, Rural Police, Chitradurga have registered a case in UDR No.54/2014 on 30.10.2014 and submitted a charge sheet in C.C.No.51/2014 colluding with the complainant.  It is argued that, the complainant has not intimated about the accident to the OPs and they have not neglected and violated any duties lies upon them, therefore they are not liable for any compensation for own fault of the deceased and the negligence.  It is further argued that, the alleged incident took place is an internal wiring problem, it is no-way concerned to the OPs and their duty is up to main pole and the electrocution took place at meter board and the report of the electrical inspectorate clearly shows that, the fault lies with the complainants only.  There is no consumer relationship between the deceased and this Forum has no jurisdiction to deal with this matter.               

 11.   On hearing the rival contentions of both parties and on perusal of the documents including the affidavit and documentary evidence, it clearly made out from the Ex.A-8 the Patties in selling the commercial crops which grown in the previous years by the deceased that, the husband of complainant No.1 and father of complainant No.2 and 3 was an agriculturist by profession and during his life time he has grown onion and other commercial crops and was getting good income nearly 8-10 lakhs per year.    Due to untimely death by electrocution complainants have lost their earning member in their family which caused financial loss, mental agony.  It is also contended that, the deceased accidentally came in electric contact at the panel in his land and died by electrocution.  Of course death of the deceased is proved by documentary evidence like Ex.A-4 i.e., Post-mortem report, the final opinion as to the cause of death shows that, Death is due to shock as a result of electrocution.  

 

12.   On the basis of Police report especially Ex.A-1, it is proves that, deceased died by electrocution.  So, it goes to show that, OPs have neglected to maintain the electric line properly and therefore, they have committed deficiency of service and due to their negligence, Vasudevareddy died by electrocution.  The next point will arise regarding claim of compensation.  Ex.A-2 shows deceased was aged about 38 years and since he was married and therefore, for the purpose of multiplier age of the dependents have to be taken into consideration.  In support of his contentions, Sri. B.K. Puttappa, Advocate for the complainants has relied on the following decision. 

 

1996 ACJ 149

Negligence - Electrocution – Compensation-High voltage naked wire was hanging in the fields, a pedestrian came in contact with it in the dark and got electrocuted – Defence that the deceased was negligent in walking on the unusual track without any torch and the accident was a vi major as there was a storm-Storm came at 10 pm. Whereas the accident took place at 8 pm.-Trial court held that both the parties were negligent and awarded Rs.25,000/-. – Whether the Electricity Board was negligent in maintaining electric wires and was liable for damages – Held: yes; there is no law that every person should move in the open field through a particular passage and not otherwise; although the deceased could have saved his life by using a torch in the night while walking through the unknown route but it cannot be a ground for depriving the family members of the deceased of a rightful claim.

 

13.   In view of the above cited decision, the age of the wife i.e., Complainant No.1 has to be taken into consideration and her age was 29 years.  So, proper multiplier applicable is 17.  Admittedly, she is doing household work.  Deceased was doing agricultural work during his life time and there is documents to show his income.  Therefore, it is just and proper to take net income at Rs.10,000/- pm after deducting 25% towards his personal expenses, Rs.7,500/- x 12, it comes to Rs.90,000/- p.a and since the multiplier applicable is 17, so, 90,000 x 17 comes to Rs.15,30,000/-.  Therefore, we come to the conclusion that the complainants are entitled for Rs.15,00,000/- as compensation along with that, above said documents are also showing complainants have took the body of deceased to the Hospital and after postmortem taken to the village and funeral was done so, under the head of transportation, under the head funeral Rs.10,000/- and towards costs of the proceedings Rs.5,000/- so, totally complainants are entitled for Rs.15,15,000/- along with interest at 9% p.a from the date of complaint i.e., 06.07.2016.  Accordingly, this Point No.1 is held as affirmative to the complainants.

Accordingly, this Point No.1 is held as partly affirmative to the complainant.           

          13.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

          It is ordered that, the above complaint filed by the complainant u/Sec.12 of C.P. Act is hereby allowed in part.

          It is further ordered that, the OPs are hereby directed to pay a sum of Rs.15,00,000/- as compensation to the complainant along with interest at the rate of 9% p.a from the date of complaint till realization.  Out of the said amount, complainant No.1 is entitled for a sum of Rs.9,00,000/- and complainant No.2 and 3 are entitled for Rs.3,00,000/- each, the same is ordered to deposit in any Nationalized Bank till their attaining majority.  The complainant No.1 is at liberty to draw the interest from the minors’ deposited amount for the benefit of minors in three months once.    

          It is further directed the OPs to pay Rs. 10,000/- towards mental agony and Rs.5,000/- towards cost of the proceedings to the complainant.

          It is further ordered that, the OPs are hereby directed to comply the above order within 45 days from the date of this order.

(This order is made with the consent of Member after the correction of the draft on 20/01/2017 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:

DW-1:  Sri. Mallikarjunaswamy, Executive Engineer (O & M), Bescom, Chitradurga of OP No.1 by way of affidavit evidence. 

Documents marked on behalf of Complainants:

01	Ex-A-1:-	True copy of UDR No.54/2014 along with complaint
02	Ex-A-2:-	True copy of spot Mahazar
03	Ex-A-3:-	True copy of inquest Mahazar
04	Ex-A-4:-	True copy of PM report
05	Ex-A-5:-	True copy of legal notice
06	Ex-A-6:-	True copy of receipt for having paid  an amount of Rs.37,052/- towards RR No.KVIP67
07	Ex-A-7:-	Reply notice dated 09.03.2016
08	Ex-A-8:-	Original Patti (18 in numbers)
09	Ex-A-9 to 12:-	Record of Rights pertains to complainant

Documents marked on behalf of OPs:

-Nil-

 

MEMBER                                                            PRESIDENT

Rhr**