Karnataka

Chitradurga

CC/77/2017

N.Kokila W/o Late P.Mallikarjuna - Complainant(s)

Versus

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

R. Lokeshwarappa

02 Jun 2018

ORDER

 

COMPLAINT FILED ON:28/07/2017

DISPOSED      ON:02/06/2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

 

C.C.NO: 77/2017

 

DATED: 2^nd JUNE 2018

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

                   SRI.N. THIPPESWAMY        : MEMBER

                          B.A., LL.B., PGD., CLP  

 

……COMPLAINANT/S	1. N. Kokila W/o Late P. Mallikarjuna, Age: 30 Years,   2. Sanju S/o Late P. Mallikarjuna, Age: 8 Years,   3. Akshitha D/o Late P. Mallikarjuna, Aged 8 Year, OP 2 and 3 are minors represented by their Mother i.e., natural guardian Smt. N. Kokila.   All are R/o Devarahosahalli Village, Holalkere Taluk, Chitradurga.     (Reptd., By Sri. R. Lokeshwarappa, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Chief Secretary, Karnataka Electricity Board, Government of Karnataka, Vidhana Soudha, Bangalore.   2. The Executive Engineer,     BESCOM, Chitradurga.   3. The Assistant Executive Engineer, BESCOM, Holalkere, Chitradurga.   4. The Section Officer, i.e., The Assistant Executive Engineer, BESCOM, Holalkere, Chitradurga.   (Reptd. By Sri. M. Umesh, Advocate for OP No.2 to 4)

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 Rs.15,00,000/- towards compensation with interest @ 12% p.a from the date of incident, Rs.1,00,000/- towards sufferings and costs and such other reliefs.    

2.      The brief facts of the case of the above complainant is that, complainant No.1 is the wife and complainant No.2 and 3 are the children of deceased Mallikarjuna.  The said Onkarappa was doing agricultural work having 2-acres of areca nut garden and 2-acres of khushki land.    On 27.09.2015 at about 5-30 PM, there was a heavy wind and repeatedly fallen to the rain in his village.  Due to the heavy rain, the electric power was went off in the house of the deceased Mallikarjuna.  After that, the said Mallikarjuna was intimated to the OPs.  But, the OPs have not come and repaired the same.  The deceased Mallikarjuna starting for repair connection live wire and immediately touched the live wire which passed the current and came in contact with the electric live wire.  Due to this impact, the electricity beaten severe shock and immediately he cried and crack sound.  Thereafter, the complainant suddenly run up into her house and quickly push up through the dry stick and immediately said Mallikarjuna was fell down.  After that, the complainant along with villagers had taken him to General Hospital, Ramgiri for treatment.  By that time, the Doctor told that, the said Mallikarjuna was died due to electric shock.  It is further submitted that, there is a wrong connection from electric poles to the house of said Mallikarjuna and due to the defect in the transformer, this accident was occurred.  The said Mallikarjuna was informed to the OPs that there is a defect in the electric pole but, the OPs have not visited the spot and repaired, it goes to show that, there is a deficiency in service and dereliction of duties on the part of OPs.  Further it is submitted that, the OPs have not taken safety measures.  The complainant has lodged a complaint before the Holalkere Police on 28.09.2015 at about 9-30 AM.  In pursuance of the complaint, the concerned Police have visited the spot and drawn mahazar and UDR case registered in UDR No.46/2015 under Section 174 of Cr.P.C.  After final report, inquest mahazar was conducted and filed final report No.21/2015 on 07.11.2015.  The Medical Officer, Ramgiri had conducted P.M. report on 28.09.2015 at about 1-30 PM and opined that, the death is due to ventricular fibrillation and cardiac arrest as a result of electrical shock.  The deceased Mallikarjuna is the only earning member in the family and the entire family was depending on his income and he was earning Rs.4,00,000/- p.a from the agricultural work.  After the intimation made by the complainant, the OPs have not taken any steps to settle the claim.  The OPs have committed an act of deficiency in service when the complainant has lodged a complaint.  The deceased had an electric connection to his house and also paid electric bills to the OPs.  The cause action for this complaint arose on 28.09.2015 when the complainant has lodged a complaint before the concerned Police which is within the jurisdiction of this Forum and prayed for allow the complaint.

3.      After service of notice, OPs appeared through Sri. M. Umesh, Advocate and filed version.   According to the version filed by OPs, the complaint is not maintainable either in law or on facts and the same is liable to be dismissed in limine.  Further it is submitted that, this Forum has no jurisdiction to entertain this complaint.  As per the records submitted by the complainant himself, the incident took place inside the house of the deceased Mallikarjuna and there is no deficiency in service on the part of OPs.  Further, it is submitted that, there is a report by the Deputy Electrical Inspector stating that, the incident took place inside the house of the deceased Mallikarjuna with negligent and due to non-maintenance of the proper electrical instruments, the said incident took place.  The averments made in para 2 to 10 of the complaint are denied as false and the complainant is put to strict proof of the same.  The OPs have made safety measures and inspected properly.  Hence, the question of negligence and deficiency of service does not arise.  The father of the deceased Mallikarjuna by name Parameshwarappa is the necessary party to this proceedings and the complainants are not the consumers and hence, prayed for dismissal of the complaint.   

4.      The complainant No.1 herself has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-9 were got marked and closed their side.  On behalf of OPs, one Sri. T.K. Thippeswamy, the Assistant Executive Engineer has examined as     DW-1 by filing their respective affidavits and no documents have been got marked and closed their side.     

5.      Arguments heard.

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

 

1. Whether the complainants prove that, the incident took place due to negligence on the part of OPs, and OPs have committed deficiency of service and entitled for the relief as prayed for?

              (2) What order?

          7.      Our findings on the above points are as follows:-

                    Point No.1:- Negative.

                    Point No.2:- As per final order.

REASONS

8.      Point No.1:-  It is not in dispute that, the complainants have filed this complaint against the OPs claiming compensation for deficiency in service due to the death of Mallikarjuna who is the husband and father of complainants.  The husband of the complainant No.1 by name Mallikarjuna was doing agricultural work.  On 27.09.2015 at about 5-30 PM, he was trying to repair the electric wire in his house.  By that time, he came in contact with the electric wire and fell down.  Thereafter, the complainant and the villagers have taken him to Government Hospital, Ramgiri.  The Doctors in the said Hospital told that, he was died due to electrocution.  Then the complainant intimated the same to OPs and claimed compensation stating that, there is a defect in supplying the electricity.  But, as per the documents produced by the complainants clearly shows that, the husband of complainant No.1 himself has tried to do the electric work in his house.  The husband of the complainant is not the authorized person and he was not having any right to do the electric work.  Here the case on hand is that, there is no defect found from the side of the OPs.  The husband of the complainant was died inside the house.  Such being the case, the OPs are not responsible for death of said Mallikarjuna. 

  9.    We have gone through the entire documents filed by the complainants and OPs.  As per the complaint filed by the complainant, she herself has stated that, her husband was trying to do electric work in her house.  By that time, the deceased Mallikarjuna was fell down due to electrocution.  Immediately, the complainant and villagers have took the said Mallikarjun for treatment to Government Hospital, Ramgiri.  The Doctors in the said Hospital has told that, the husband of the complainant was died due to electrocution.  Then the complainant No.1 filed an application before the OPs claiming compensation and further it is stated that, there is a defect in supplying the electricity to her house.  The documents produced by the complainant No.1 itself show that, clearly show that, there is no defect in supplying the electricity by the OPs and there is no deficiency in service on the part of OPs.  The deceased Mallikarjun was not the authorized person to do the electric work and moreover, the incident took place inside the house of the deceased Mallikarjuna.  Such being the case, the OPs are not responsible to pay the compensation and accordingly, this Point No.1 is held as Negative to the complainant.    

  10.     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 C.P Act 1986 is hereby dismissed.  No order as to costs.

 (This order is made with the consent of Member after the correction of the draft on 2/06/2018 and it is pronounced in the open Court after our signatures) 

 

 

                                     

 MEMBER                                                   PRESIDENT

 

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

 

PW-1:  Complainant No.1 by way of affidavit evidence.

 

Witnesses examined on behalf of OPs:

 

DW-1: Sri. T.K. Thippeswamy, AEE by way of affidavit evidence.

 

Documents marked on behalf of Complainants:

 

01	Ex-A-1:-	FIR
02	Ex-A-2:-	Complaint by complainant No.1
03	Ex-A-3:-	Charge sheet
04	Ex.A-4:	P.M Report
05	Ex.A-5:-	Inquest Mahazar
06	Ex.A-6:-	Statement of Shanmukhappa
07	Ex.A-7:-	Statement of Parameshwarappa
08	Ex.A-8:-	Spot Panchanama
09	Ex.A-9:-	Death Certificate

 

Documents marked on behalf of OPs:

-Nil-

 

MEMBER                                                            PRESIDENT

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