Karnataka

Chitradurga

CC/67/2016

Smt.Shoba W/o Late Sathish - Complainant(s)

Versus

The Chief Secretary,Karnataka Electriccity Board - Opp.Party(s)

Shri.B.K.

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: 67/2016

 

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.Shobha, W/o Late Sathish, Major, Household Work.   2. B. Jayanna, S/o Late Basappa, 60 Years, Occ: Agriculture,   3. Smt. Vinodhamma, W/o B. Jayanna, 55 Years, Household work,   All R/o Aladahally Village, Hosadurga Taluk, Chitradurga District.      (Rep by Sri.B.K. Puttappa, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Section Officer, BESCOM, Hosadurga Sub-Section, Hosadurga.   2. The Chief Engineer, BESCOM, Chitradurga.   3. Assistant Executive Engineer, BESCOM, Hosadurga Section, Hosadurga.   (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.19,00,500/- 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 Aladahally village, Hosadurga Taluk.  Complainant No.1 is the wife and complainant No.2 and 3 are the father and mother of deceased Sathisha respectively living under the common roof by doing agriculture.  During his life time, said Sathisha was BP.Ed., Lecture and was drawing Rs.20,000/- P.M.   It is further submitted that, on 22.11.2014 at about 7-30 PM, said was Sathisha along with his brothers namely Dayananda and Sashidhara while lifting the pipes from the bore well in front of their house to make repairs, unfortunately one pipe touched to the 11 KV electric wire which was passed through in front of their house, came in contact with the said Sathisha and Shashidara and fell down.  Immediately, both of them shifted to Government Hospital, Hosadurga for treatment.  Thereafter, Sathish S/o B. Jayanna, the husband of complainant No.1 and son of complainant No.2 and 3 died due to electrical shock.  The Medical Officer, Government Hospital, Hosadurga has conducted Postmortem.  The deceased Sathish was working as P.E Teacher at Shivagangadeswara High School, Kunkanadu, Kadur Taluk, Chikkamagalur and was drawing a salary of Rs.20,000/-.  The complainants are entirely depending upon the earnings of deceased Sathish.  Due to the sudden death of said Sathish, complainants are facing never ending difficulties.  A case in UDR No.64/2014 U/Sec.174 of IPC has been lodged before the Hosadurga Police, they conducted investigation and submitted charge sheet in C.C.No.3/2015 on 08.01.2015.  It is further submitted that, complainant intimated about the accident to the Deputy Electrical Inspector, Government of Karnataka, Chitradurga on 10.12.2014 and also to the BESCOM Inspector, Davanagere Division, Chitradurga.  Complainant also informed to the OPs with all the bonafide reasons but, the OPs have not taken any action.  After furnishing all the Police documents, the complainant was awaiting to receive compensation but, surprisingly OPs repudiated the claim thereby the complainants suffered a lot and put into great mental shock and financial loss.  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 22.11.2014 when the incident took place and the complaint has been lodged with the concerned Police, Hosadurga. 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 Aladahally village, Hosadurga Taluk, complainant No.1 is the wife and complainant No.2 and 3 are the father and mother of said Sathish respectively living under the common roof with great love and affection and he was drawing a salary   of   Rs.20,000/-.  It is further denied that, on 22.11.2014 at about 2-00 PM, said Sathish and his brothers namely Dayananda and Sashidhara all of them while lifting the pipes from the bore-well, situated in-front of their house to make repairs, unfortunately one pipe touched to the 11 KV electric wire which is passing in-front of their house, the deceased Sathish and Sashidhara fell down due to electrocution, immediately both of them were shifted to Government Hospital, Hosadurga for treatment, where the said Sathish, the husband and son of Complainants No.1 to 3 respectively died due to electrocution, the Medical Officer conducted the Post-mortem are denied as false.  It is false to state that, the OPs have not taken any precautionary or safety measures while drawing 11 KV electric wire with plastic pipes or ring pipe to safeguard the interest of the public, which was passing in-front of the house of the complainant on the top of the bore-well, which is due to gross negligence on the part of OPs, per contra, these OPs are not liable to pay any compensation to the complainants for own negligence on the part of deceased Sathish and therefore, the question of taking precautionary or safety measures does not arise.  It is further submitted that, the complainants have not informed to the OPs at the time of repairing the bore well and not obtained any permission from them.  It is stated that, a complaint has been lodged before the concerned Police, Hosadurga and registered a case in UDR No.64/2014 U/Sec.174 IPC and the said Police submitted a charge sheet in C.C.No.3/2015 on 08.01.2015 are denied as false.  It is further false to submit that, complainants intimated about the accident to the Deputy Electrical Inspector, Government of Karnataka, Chitradurga on 10.12.2014 and also to the BESCOM Inspector, Davanagere Division, Chitradurga and B.G. Ramesh, Section Officer, Unit No.2, BESCOM, Hosadurga and also informed to the OPs with all the bonafide reasons but, the OPs have not taken any action. It is submitted that, the OPs are not liable to pay any compensation for the own fault on the part of deceased Sathish and his brother Sashidhara themselves, therefore, the question of taking precautionary and safety measures does not arise and they have not informed to the OPs about repair work of the bore well and also not obtained permission from the OPs.  It is compulsory duty of the consumer to take permission from the OPs before making repairs.  There is no consumer relationship between the deceased and this Forum has no jurisdiction to deal with this matter and 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-10 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 Aladahally village, Hosadurga Taluk.  Complainant No.1 is the wife and complainant No.2 and 3 are the father and mother of deceased Sathisha respectively living under the common roof by doing agriculture.  During his life time, said Sathisha was BP.Ed., Lecture and was drawing Rs.20,000/- P.M.   It is further argued that, on 22.11.2014 at about 7-30 PM, said was Sathisha along with his brothers namely Dayananda and Sashidhara were lifting the pipes from the bore well in front of their house to make repairs, unfortunately one pipe touched to the 11 KV electric wire which was passed in front of their house, which came in contact with the said Sathisha and Shashidara and fell down.  Immediately, both of them shifted to Government Hospital, Hosadurga for treatment, where the said Sathish, the husband of complainant No.1 and son of complainant No.2 and 3 died due to electrical shock.  The Medical Officer, Government Hospital, Hosadurga has conducted Postmortem.  The deceased Sathish was working as P.E Teacher at Shivagangadeswara High School, Kunkanadu, Kadur Taluk, Chikkamagalur and was drawing a salary of Rs.20,000/- and the complainants are entirely depending upon the earnings of deceased Sathish, for the sudden death of said Sathish, complainants are facing never ending difficulties.  A case in UDR No.64/2014 U/Sec.174 of IPC has been lodged before the Hosadurga Police, they conducted investigation and submitted charge sheet in C.C.No.3/2015 on 08.01.2015.  It is further argued that, the complainants intimated about the accident to the Deputy Electrical Inspector, Government of Karnataka, Chitradurga on 10.12.2014 and also to the BESCOM Inspector, Davanagere Division, Chitradurga and also to the OPs with all the bonafide reasons but, the OPs have not taken any action.  After receiving all the Police documents, surprisingly OPs repudiated the claim, thereby the complainants suffered a lot and put into great mental shock and financial loss.  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, stating that there is no deficiency of service on their part and the negligence is on the part of deceased only, 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.64/2014 along with complaint marked as Ex.A-1, true copy of statement of one Dayananda marked as Ex.A-2, true copy of true copy of statement of one Sashidhara marked as Ex.A-3, true copy of statement of one  Rajappa marked as Ex.A-4, True copy of spot Mahazar marked as Ex.A-5, True copy of Charge Sheet marked as Ex.A-6, True copy of PM report marked as Ex.A-7, Bill for RR No.ADPI8 marked as Ex.A-8, Certified copy dated 28.01.2016 issued by Shivagangadhareswara High School, Kunkanadu, Kadur Taluk, Chikkamagalur, which shows the deceased has been drawing a salary of Rs.20,000/- p.m from 22.11.2014 till his death marked as Ex.A-9 and Study Certificate issued by Taralabalu Jagadguru College of Physical Education, Anubhava Mantapa, Davanagere marked as Ex.A-10.    

10.   On the other hand, it is argued and denied by the OPs that, the complainants are the permanent residents of Aladahally village, Hosadurga Taluk, complainant No.1 is the wife and complainant No.2 and 3 are the father and mother of said Sathish respectively living under the common roof with great love and affection and he was drawing a salary   of   Rs.20,000/-.  On 22.11.2014 at about 2-00 PM, said Sathish and his brothers namely Dayananda and Sashidhara all of them while lifting the pipes from the bore-well, situated in-front of their house to make repairs, unfortunately one pipe touched to the 11 KV electric wire which is passing in-front of their house, the deceased Sathish and Sashidhara fell down due to electrocution, immediately both of them were shifted to Government Hospital, Hosadurga for treatment, where the said Sathish, the husband and son of Complainants No.1 to 3 respectively died due to electrocution, the Medical Officer conducted the Post-mortem are denied as false and the OPs have not taken any precautionary or safety measures while drawing 11 KV electric wire with plastic pipes or ring pipe to safeguard the interest of the public, which was passing in-front of the house of the complainant on the top of the bore-well, which is due to gross negligence on the part of OPs.  Per contra, it is argued that, the OPs are not liable to pay any compensation to the complainants for own negligence on the part of deceased Sathish and therefore, the question of taking precautionary or safety measures does not arise.  The complainants have not informed to the OPs at the time of repairing the bore well and not obtained any permission from them.  A complaint has been lodged before the concerned Police, Hosadurga and registered a case in UDR No.64/2014 U/Sec.174 IPC and the said Police submitted a charge sheet in C.C.No.3/2015 on 08.01.2015 are denied as false and also complainants intimated about the accident to the Deputy Electrical Inspector, Government of Karnataka, Chitradurga on 10.12.2014 and also to the BESCOM Inspector, Davanagere Division, Chitradurga and B.G. Ramesh, Section Officer, Unit No.2, BESCOM, Hosadurga.  The OPs are not liable to pay any compensation for the own fault on the part of deceased Sathish and his brother Sashidhara, therefore, the question of taking precautionary and safety measures does not arise and they have not informed to the OPs about repair work of the bore well and also not obtained permission from the OPs. 

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-6, Charge Sheet and Ex.A-7 Post-mortem report shows that, the death is due to cardiac arrest due to electric shock.  Ex.A-9 shows that, the deceases was getting a salary of Rs.20,000/- p.m.  Due to untimely death of deceased Sathish, the husband of complainant No.1 and son of complainant No.2 and 3 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 with the 11 KV wire in-front of his house and died by electrocution.  Of course death of the deceased is proved by documentary evidence like Ex.A-7 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.  It is the duty of the OPs to take precautionary and safety measures of the public by safeguarding the electric wires with plastic pipes, but, the OPs failed to do so, which is a deficiency of service, which results in death of said Sathish.     

 

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 in maintaining the electric line properly and therefore, they have committed deficiency of service and due to their negligence, said Sathish died by electrocution.  The next point will arise regarding claim of compensation.  Ex.A-1 shows deceased was aged about 29 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. 

 

2003 ACJ 1620

Tort – Electrocution – Liability of Electricity Board – An official of MTNL crossing a cesspit of storm water for entering Telephone Exchange building came in contact with stay wire installed to support electric pole, having high potency current and was electrocuted – Negligence is attributed to Delhi Vidyut Board (DVB) as it is not expected that electric current would be passing through stay wire – Defence that digging had been done by MTNL near the site, earth near stay wire had loosned and the deceased in order to jump over the pit caught hold of stay wire, put his force/weight on the same, the pole and stay wire tilted and egg insulator provided thereon broke and stay wire became energized – No cogent and reliable evidence has been placed in support of the defence – Report of enquiry Committee set up by DVB squarely attributes the incident to the excavation work done by MTNL – Even if it be assumed that earth surrounding the stay wire had caved in due to digging and rain, it was the responsibility of DVB to have it filled up to ensure safety and security of stay wire and electric pole against any hazard – Whether stay wire was energized due to negligence of DVB in proper maintenance of their lines and equipment and it is liable for actionable negligence – Held: yes.   

 

13.   In view of the above cited decision, the age of the deceased Sathish, the husband of Complainant No.1 has to be taken into consideration and his age was 29 years.  So, proper multiplier applicable is 17.  Admittedly, she is doing household work.  Deceased was a Teacher and there is document 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.

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

          15.     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.5,00,000/- and complainant No.2 and 3 are entitled for Rs.5,00,000/- each.  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.64/2014 along with complaint
02	Ex-A-2:-	True copy of statement of one Dayananda
03	Ex-A-3:-	True copy of true copy of statement of one Sashidhara
04	Ex-A-4:-	True copy of statement of one  Rajappa
05	Ex-A-5:-	True copy of spot Mahazar
06	Ex-A-6:-	True copy of Charge Sheet
07	Ex-A-7:-	True copy of PM report
08	Ex-A-8:-	Bill for RR No.ADPI8
09	Ex-A-9:-	Certified copy dated 28.01.2016 issued by Shivagangadhareswara High School, Kunkanadu, Kadur Taluk, Chikkamagalur showing the salary of deceased Sathish
10	Ex.A-10:-	Study Certificate issued by Taralabalu Jagadguru College of Physical Education, Anubhava Mantapa, Davanagere

 

Documents marked on behalf of OPs:

-Nil-

 

MEMBER                                                            PRESIDENT

Rhr**