BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri.S.Chinnaiah, B.A., B.L.,I/C President
And
Smt. C.Preethi, M.A.LL.B., Lady Member
Friday the 30th day of November, 2007
C.C.No. 99/07
Between:-
Chella Pedda Naga Seshudu, alias Golla Pedda Naga Seshudu, Aged 56 years, S/o. Late Chella Pedda Subbarayudu,
Cultivation, R/o. Bheemivaram Village, Nandyal. Kurnool District. … Complainant
Versus
1. The Divisional Engineer (Operation),
A.P.C.P.D.C.P.Limited, Nandyal Kurnool District.
2. The Sub-Divisional Assistant Engineer, (Operation)
A.P.C.P.D.C.P.Limited, Nandyal, Kurnool District. … Opposite Parties
This complaint is coming on this day for orders in the presence of Sri. D.M. Rama Chandra Reddy and Sri. A.Prabhakar Reddy, Advocates, Kurnool, for the complainant, and Sri. A. Chandramouleeswara Reddy, Advocate, Kurnool, for the opposite parties 1 and 2 and upon perusing the material papers on record, the Forum made the following:-
ORDER
( Sri. S.Chinnaiah, I/C President)
C.C.No.99/07
1. This is a complaint filed by the complainant under section 12 of C.P.Act, 1986 to direct the opposite parties to pay a sum of Rs.18,000/- towards the cost of the she buffalo, Rs.5,000/- for mental agony suffered by the complainant, Rs.1,000/- towards the expenditure incurred for bringing the dead buffalo from the field to the Veterinary Assistant for conducting post mortem examination and Rs.5,000/- towards the cost of the complaint.
2. The brief facts of the complaint are that the complainant is an agriculturist family and possess six buffaloes out of which five are milching buffaloes. On 26.05.2005 Smt. Chinna Subbamma wife of the complainant was grazing the buffaloes in the fields. The buffaloes were grazing in the fields of Govindanna, Pedda Obulapathy, Chinna obulapathy and Ratnam of Bheemavaram village along with the buffaloes of younger brother of the complainant Nagaiah. Out of six buffaloes belonging to the complainant one buffalo suddenly fell down along with two other buffaloes of Nagaiah and struggling for life. Wife of the complainant and wife of his brother Nagaiah went near the buffaloes and observed that an electricity wire coming from the pole came in contact with the buffaloes and died suddenly due to electrocution. The wife of the complainant immediately went to Bheemavaram village and informed the incident to the complainant and intern the complainant informed the same to the Veterinary doctor at Nandyal on the same day evening. The complainant himself and his brother Nagaiah took photos of the said dead buffaloes brining photographer from Nandyal. Later Dr.G.Upendra, Veterinary Asst. Surgeon was brought there who conducted Post mortem examination and issued Post Mortem Certificate addressing a letter to the Asst. Engineer, A.P.Transco. The buffalo which died gave birth to a calf five days before its death. The said buffalo was aged 6 to 7 years old and its market value as on the date of its death was Rs.18,000/-. Due to the negligent act of the opposite parties in allowing the electricity wire passing of electricity on the earth the buffalo died due to electrocution. Hence, there is every deficiency of service on the part of the opposite parties not properly maintaining the supply of electricity. On 25.6.2005 he issued a legal notice to the opposite parties. Though the opposite parties promised to pay compensation they did not pay the same and that he received a memo from the Superintending Engineer (Operation), Kurnool stating that an amount of Rs.1000/- for each buffalo was sanctioned. But he did not accept for the said amount of Rs.1000/-. Hence the case of the complainant.
3. The opposite party No.2 filed a counter opposing the contents of complaint contending interalia that the complainant is put to strict proof to prove that he is an agriculturist and on 26.5.2005 his wife was grazing the buffaloes in the fields of Bheemavaram village along with the buffaloes of his younger brother Nagaiah. It is false to state that out of six buffaloes one buffalo of the complainant and two buffaloes belonging to his brother Nagaiah fell down and struggling for life and that his wife Chinna Subbamma and wife of his brother Laxmi Pullamma went near to the buffaloes and observed that live electricity wire coming from the pole came in contact with buffaloes and died suddenly due to electrocution. It is false to state that they have taken photos of the dead buffaloes and brought the Veterinary doctor for conducting post mortem examination. It is incorrect to state that the market value of the dead buffalo on the date of its death is Rs.18,000/-. It is false to state that because of negligent act of the opposite parties in allowing the electricity wire with flow of electricity on the land and there by there is deficiency of service on their part. It is a fact that the complainant issued a notice to the opposite parties and that they also offered Rs.1,000/- to the died buffalo as per rules and regulation of A.P.C.P.D.C.L and as per Exgratia Rules. Because of heavy speedy flow of the winds the electricity wires might have loose and would have come near to the ground. But the owners of the land have not made any complaint or representation to the local Electricity Authorities to rectify the defective lines. The buffalo of the complainant entered into the lands without any permission and if really the wife of the complainant Smt. Chinna Subbamma and another woman Smt. Laxmi Pullamma accompanied the buffaloes for grazing they would have taken proper care and not to have allowed the buffaloes to go to that place. So they have not taken precaution and proper care while grazing the buffaloes and as such the incident happened because of negligent action and improper care of wives of the complainant and his brother Nagaiah. If at all electrocution was happened it is only because of their negligence and not because of any negligence on the part of the opposite parties as claimed by the complainant. Even if there is any loss it is because of their negligent act and what the opposite parties offered amount is sufficient to meet out of the claim of the complainant. The amount of compensation at Rs.18,000/- of the dead buffalo is highly excessive and exaggerated in order to claim more amount. Hence to dismiss the complaint with costs.
4. The opposite party No.1 filed a memo adopting the counter filed by the opposite party No.2.
5. Heard arguments both sides.
6. The point that arises for consideration herein is: whether the complainant proved the deficiency of service on the part of the opposite parties ?
7. Exs.A-1 to A-7 are marked for the complainant. Ex.A-1 is the letter written by Panchayat Secretary dated 26.5.2005 to the opposite parties 1 & 2 informing about the death of the buffaloes due to electrocution belonging to the complainant, Ex.A-2 is the legal notice dated 25-6-2005 issued by the complainant to the opposite parties, Exs.A-3 is the photographs, Exs.A-4 & A-5 are the signed postal acknowledgments by the opposite parties 1 & 2 having received the legal notice, Ex.A-6 is the post mortem certificate dated 27-5-2005 issued by Veterinary Doctor and Ex.A-7 is the letter dated 26-6-2006 issued by the Superintending Engineer, (Operation), Kurnool to the complainant to receive Rs.1,000/- as Ex-gratia to the buffalo which met with fatal electrical accident. Opposite parties have no documents to be marked.
8. We have gone through the contents of the compliant, chief affidavit of the complainant, cross affidavit of opposite parties, interrogatories filed by the opposite parties and reply filed by the complainant, documents filed by the complainant and the material available on record.
9. The complainant sworn to his affidavit says that on 26.5.2005 his wife Smt. Chinna Subbamma was grazing six buffaloes belonging to them out of which five are milching buffaloes. According to him the buffaloes belonging to his younger brother was also grazing along with his buffaloes. He further says that while the buffaloes were grazing one buffalo belonging to him and two buffaloes of his younger brother Nagaiah fell down suddenly and were struggling for life. On seeing the situation his wife and wife of his younger brother who were watching the buffaloes went near them and saw an electric wire coming from the pole came in contact with the buffaloes and died suddenly due to electrocution. He says that on information the Veterinary Doctor came there and conducted post mortem examination and they have also taken photographs which are marked as Ex.A-3. It has been seen from the sworn affidavit of the complainant that one buffalo belonging to him and two buffaloes of his brother died due to electrocution when the electric wires came in contact with the buffaloes. In order to substantiate his version he filed Ex.A-1 letter written by Panchayat Secretary, Bheemavaram Village, Nandyal Mandal dated 26.5.2005 to the opposite parties informing about the death of the buffaloes due to electrocution. Ex.A-2 legal notice issued to the opposite parties by the complainant about the death of the buffaloes. Ex.A-6 is the post mortem certificate issued by the Veterinary Asst., Surgeon held on the dead buffalo and opined that the buffalo died due to electrocution. Ex.A-7 is the letter issued by the opposite parties offering to receive Rs.1,000/- as ex-gratia to the dead buffalo. Hence the sworn affidavit of the complainant is amply corroborating with that of Exs.A-1 to A7. It is not in dispute that the buffaloes were died. It is a fact that the buffalo belonging to the complainant died due to electrocution while it was grazing in the fields when electric wires came in contact. The staunch contention of the opposite parties is that because of heavy and speedy flow of winds the electricity wires might have loose and would have came near to the ground and as a result the buffalo must have died. Their next contention is it is the duty of the owners of buffaloes to take care of grazing buffaloes. They have allowed the buffaloes to go to the place where the current wires were loose. Their next contention is the owners of the land have not made any complaint to local electricity authorities to rectify the defective lines. Their last contention is because of the negligent act and improper care of the wife of the complainant the incident occurred. If at all electrocution was happened it is only because of negligence of the owners of the buffaloes and not because of any negligence on the part of the opposite parties as claimed by the complainant. After going through material available on record adduced on both side we have satisfied that the contention of the opposite parties is barren of substance. It is to be remember that it is not in dispute that while the wife of the complainant was grazing the buffaloes due to coming contact of electric wire one buffalo belonging to the complainant died suddenly. It is common for the villagers to leave the buffaloes for grazing in barren fields either belonging to them or others of the village and watching them. Like wise in the present case also the buffaloes were grazing in the fields and while grazing the current wire came in to contact of the buffaloes and died. It is the foremost duty of the concerned officials to inspect the current wires passing. In the present case the Electricity Department officials have not taken sufficient care in watching the position of passing of wires and hence it can be said that there is gross negligence on the part of the Electricity Department. It is the duty of the Electricity Department to verify and take proper precautions to rectify the defect in order to avoid danger to the passers whether men or animals. However, the opposite parties have offered ex-gratia of Rs.1,000/- per each buffalo as they died due to electrocution. Ex.A-7 is such letter offering ex-gratia of Rs.1,000/- by the opposite parties. Hence as seen from the documents field herein and material available on record it can safely be concluded that the buffalo belonging to the complainant died due to electrocution. Hence under the circumstances we are satisfied that there is negligence and deficiency of service on the part of the opposite parties in not taking proper care and caution to avoid the incident.
10. The complainant is claiming Rs.18,000/- for the dead buffalo which gave birth to one calf five days before its death and it was aged 6 to 7 years old and the market value of the buffalo as on the date of electrocution was Rs.18,000/-. The complainant has not stated when and where he has purchased the buffalo and from whom. At this juncture it is quite relevant to go through Ex.A-6 post mortem examination report relating to the dead buffalo. Under Ex.A-6 the age of the dead buffalo is shown 5 years 1st calving and it is murrah breed. The Veterinary Doctor who conducted post mortem examination has assessed the value of the buffalo aged 5 years at Rs.18,000/-. The assessment basing the value of the she buffalo by the Veterinary doctor under Ex.A-6 is only out of imaginary. The complainant in the complaint claims the value of the buffalo as Rs.18,000/-. But there is no basis for the same. Hence as a via media measure in our considered opinion taking into the age and it already gave birth to a calve fixing of Rs.15,000/- as value by the date of its death is quite reasonable. The complainant is claiming Rs.5,000/- towards mental agony for the death of the buffaloes. The amount claimed by the complainant is on higher side. In our considered opinion granting of Rs.1,000/- for mental agony suffered by the complainant is reasonable.
11. In the complaint it is stated that Dr.G.Upendra, Veterinary Asst., Surgeon was brought to the fields who conducted post mortem examination and issued post mortem certificate and hence question of bringing the dead buffalo to the veterinary hospital does not arise. Hence, he is not entitled to any amount under the head. The complainant is entitled total sum of Rs.16,000/- (Rs.15,000/- + 1,000).
12. In the result, the complaint is partly allowed directing the opposite parties 1 & 2 jointly and severally liable to pay to the complainant an amount of Rs.16,000/- (Rs.15,000/- +1,000) and also pay Rs.500/- towards costs of this complaint. This order shall be complied with, within one month from the date of the receipt of this order.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open Forum on this the 30th day of November, 2007.
LADY MEMBER I/C PRESIDENT
Appendix of evidence
Witness examined
For Complainant: For Opposite parties:
-Nil- -Nil
Documents marked
For the Complainant:
Ex.A-1. Letter written by Panchayat Secretary dated 26-5-2005
to the opposite parties 1 & 2 informing about the death
of the buffaloes.
Ex.A-2. Legal notice dated 25-6-2005 issued by the complainant to the
opposite parties.
Ex.A-3. Photographs.
Ex.A-4. Signed postal acknowledgement.
Ex.A-5. Signed postal acknowledgment.
Ex.A-6. Post mortem certificate dated 27-5-2005 issued by Veterinary
Asst.Surgeon.
Ex.A-7. Letter dated 26-6-2006 issued by the Superintending Engineer
(Operation), Kurnool to the complainant to receive Rs.1,000/-
as Ex-gratia to the buffalo which met with fatal electrical
accident.
For the opposite parties:
-Nil-
By the Forum:
- Nil-
- Sd/-
I/C PRESIDENT
Copy to :-
1. Sri. D.M.Rama Chandra Reddy and Sri. A.Prabhakar Reddy,
Advocates,Kurnool for the complainant.
2. Sri.A.Chandramouleeswara Reddy, Advocate, Kurnool for the opposite
Parties 1 & 2.
