O R D E R
AS PER SRI T.SRIRAMA MURTHY,PRESIDENT
This is a Complaint filed under section-12 of C.P.Act seeking the relief to direct the OP’s to pay a sum of Rs.5,00,000/- towards compensation for the death of B.Sivunnaidu in an electrical accident and to pay interest and cost on the following averments:-
The complainants are the wife and children of deceased Sivunnaidu. On 06.04.2014 at about 11.00 AM while the deceased was grazing the cattle in the fields of Vangara Suribabu by holding an umbrella he came in contact with a live electrical wire which was hanging at a low level and having received electrical shock and burn injuries he died on the spot. On a report given by the brother of the deceased to the rural police Parvathipuram a case in Crime No.52/2014 was registered. The dead body of the deceased was sent to the Government Hospital, Parvathipuram for autopsy. After the Post-Mortem was conducted on the dead body of the deceased the same was handed over to the complainants for cremation. As on the date of accident the deceased was aged about 55 years and was earning Rs.200/- per day. Due to dereliction in duties and deficiency in service on the part of men of the OP’s the above said accident was occurred and as the deceased died in the accident the complainants being his heirs are deprived of his support. Hence the complaint.
The third OP filed counter and OP’s 1 and 2 have adopted the same. In the counter it is averred that the allegations made in the complaint are not true and that the complainants are not consumers and as the complainants have not given a notice of occurrence to the Electrical Inspector which is mandatory the complaint is liable to be dismissed.
It is averred that the accident was occurred due to act of god as there was heavy rain, gale and wind on the previous night of occurrence and as there was disruption in the electrical line and as the deceased unnoticingly and negligently touched the hanging wire with his umbrella he sustained electrical shock and burn injuries. It is averred that the deceased has also contributed for the cause of the accident and as the men of OP’s are not negligent and as there is no deficiency in service on their part the complaint merits no consideration and is liable to be dismissed.
To substantiate the claim of complainants the Affidavit evidence of PW-1 is filed and exhibits A1 to A6 are marked on their behalf. Per contra the OP’s filed affidavit evidence of RW-1 and they did not file any documents on their behalf.
Perused the material placed on record and heard the arguments of respective parties.
Now the point for consideration is whether the complainants are entitled to get the reliefs prayed for.
As seen from the material placed on record it is manifest that on 06.04.2014 while the deceased was grazing the cattle in the fields of V.Suribabu by holding an umbrella he came in contact with a live electrical wire which was hanging at a little height and having sustained electrical shock and burn injuries he died on the spot. The learned advocate for the OP’s has contended that there is no consumer and service provider relationship in between the deceased and OP’s and as the above said incident is an act of god the OP’s are not liable to pay any compensation to the complainants.
In decision in 2008(4) CPR 488(NC)Executive Engineer, Electricity distribution division and others Vs Budhan wherein it is held:-
Falling of live wire of electricity on somebody causing his death amounts to deficiency in service on part of electricity department. Coming to the case on hand though the deceased and his family members did not pay any consideration for availing services of the men of OP’s, the fact remains that the death of deceased was caused due to hanging of a live electrical wire which came in contact with the umbrella which the deceased was holding at the time of incident.
In view of the dictum laid down in the decision cited supra as the live electrical wire caused the death of the deceased there is any amount of deficiency in service on the part of men of OP’s. In a decision in 1 (2013) CPJ 159 in between Ajmer Vidyut Vitran Nigam Ltd Vs Parthu and another wherein it is held:-
Supplier of electricity is under statutory obligation to maintained all of its lines and equipments etc., in such condition so as to ensure that no one comes into direct contact of such lines are equipments resulting into mishaps. There were hanging live wires and transformer had not been protected against any untoward incident. Lumpsum of Rs.10,00,000/- (Rupees Ten Lakhs Only) is awarded to victim. As seen from the principles laid down in the decision cited supra the statutory obligation is on the supplier of electricity to maintain all of its lives and equipments in a proper condition to see that no damage is caused to the men and cattle by such electrical lines and equipments. Coming to the case on hand the OP’s have taken a plea that there was heavy rain gale and wind on the previous night of the incident which resulted in disruption of electrical lines and the deceased having come in contact with the over hanging conductor with his umbrella the above said incident took place. Though such a plea is taken by the OP’s they did not adduce any cozent evidence to prove the above said fact. Even if it is believed that there was heavy gale and wind on the previous night of incident a duty is caste upon the men of OP’s to restore the live electrical wires to its proper condition so as to prevent any damage to men and cattle. In a decision in 1(2013)CPJ 693 in between APSPDCL and another Vs Bujamma and others wherein it is held:-
It was an external wire in the foultry form provided by petitioners against payment which had snapped and fallen to the ground. Responsibility for maintenance of wire was that of petitioner-service provider-Fora below after considering evidence concluded that deceased had accidently stepped on live wire which had snapped and fallen on ground and had resulted in death. Petitioners failed in their duty as service providers in ensuring that electrical wires were properly maintained, more so live wires which on contact can cause serious risk to human life–compensation awarded.
As seen from the principles laid down in the decisions cited supra when the suppliers of electricity fail in their duty as service providers in ensuring that electrical wires are properly maintained they are liable to pay compensation to the victim or to his heirs.
As per complainant immediately after the accident the dead body of the deceased was taken to the Government Hospital for Autopsy and on a report given to police a case in Crime No.52 of 2014 was registered by Rural Police, Parvathipuram. The complainants filed copy of FIR, Post-Mortem report, Death Certificate, Inquest Report, Legal Notice and acknowledgement and got the same marked as Exhibits A1 to A6. As seen from the contents of the above said documents it is manifest, that after the incident, exhibit A1 report was lodged with police and as seen from Exhibit A2 Post Mortem report, the deceased died due to electrical shock and burn injuries and as seen from the contents of the Exhibit A4, Inquest Report, the cause for death of deceased is due to electrical shock and burn injuries. Since there is consistency in the oral and documentary evidence adduced on behalf of complainants we are of considered opinion that the men of OP’s were dereliction in their duties in maintaining the live electrical wires in proper condition and as there is deficiency in service the deceased came in contact with live electrical wire which was hanging at a low level and died on the spot. Hence the OP’s are liable to pay compensation to the complainant.
Now the point for consideration is whether the complainants are entitled to get Rs.5,00,000/- (Rupees Five Lakhs Only) as compensation for the death of deceased Sivunnaidu.
As per complainants the deceased was aged about 55 years and was earning Rs.200/- per day. They have not adduced any cozent evidence to prove the actual avocation and earnings of the deceased. Since the deceased was hale and healthy and was aged about 58 years as mentioned in Post-Mortem Certificate he must be doing some work to earn his bread. Hence we are inclined to accept his annual income at Rs.30,000/- (Rupees Thirty Thousand Only). Out of the same a one third which comes to Rs.10,000/-(Rupees Ten Thousand Only) can straight away, be deducted towards his personal living expenses. The balance of Rs.20,000/- (Rupees Twenty Thousand Only) can be taken as loss of dependency. Since the deceased was aged about 58 years, the appropriate multiplier is fixed at eight. When the above annual loss of dependency is multiplied by the multiplier fixed supra the compensation under the head loss of dependency come to Rs.1,60,000/-(Rupees One Lakh Sixty Thousand Only) (Rs.20,000x8). Accordingly the said amount is awarded towards the damages for causing death of the deceased. In addition to that a sum of Rs.5,000/- (Rupees Five Thousand Only) is awarded towards consortium and Rs.5,000/-(Rupees Five Thousand Only)is awarded towards funeral expenses. In all the complainants are entitled to get Rs.1,70,000/-(Rupees One Lakh Seventy Thousand Only). Since the complainants 2 and 3 are majors and are earning their livelihood we deem it fit not to award any amount to them.
In the result, the complaint is allowed in part with proportionate costs awarding a compensation of Rs.1,70,000/-(Rupees One Lakh Seventy Thousand Only) to the 1st petitioner recoverable from the OP’s jointly and severally. The OP’s are further directed to pay a sum of Rs.5,000/- (Rupees Five Thousand Only). to the 1st complainant towards costs which includes the advocate fee of Rs.1,000/-(Rupees One Thousand Only). The OP’s are directed to comply the order within two months from today.
Dictated to the Steno, transcribed by him, corrected by me and pronounced by us in the open Forum, this the 20th day of February, 2015.
MEMBER PRESIDENT
C.C.No.38 / 2014
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For complainant:- For opposite parties:-
PW 1 RW1 & RW2
DOCUMENTS MARKED
For Compainant:-
Ex.A-1 First Information Report of Rural P.S., Parvathipuram, Dt.06.04.2014.
Ex.A-2 Postmortem report of the deceased Bantu Sivunnaidu, Dt.06.04.2014.
Ex.A-3 Death Certificate of Bantu Sivunnaidu,Dt.08.04.2014.
Ex.A-4 Inquest report of Bantu Sivunnaidu, Dt.06.04.2014.
Ex.A-5 Copy of the Regd. Lawyer Notice,Dt.09.06.2014.
Ex.A-6 Acknowledgements, Dt.17.06.2014.
For OP’s – NIL -
President
