(Per Mr.Dhanraj Khamatkar, Hon’ble Member)

(1)               These appeals take an exception to an order dated 26/10/1999 passed by District Forum, Nashik in Consumer Complaint No.64/98 and 65/98. 

(2)               The facts leading to the appeals can be summarized as under:-

                   The deceased Uttam Vasant Kotme had gone to his agriculture land Survey No.51 in village Kotamgaon Deviche, Tal. Yeola, Dist.Nashik on 10/09/1997 along with his father Vasant Kotme.  It is alleged that 3^rd phase wire of the electricity meant for electric meter on the well owned by the father of deceased was lying on the field.  The said wire was alive with electric current of high voltage.  On the ill fated day, he and his father were busy in the agricultural operation, the wire came into contact of his father, who sustained grievous burn injuries due to high voltage of electric current and when the deceased tried to rescue his father he died because of electrocution and in a process both, father and son died.  It is alleged that it happened due to poor maintenance of electric line by the opponent.  Despite of complaints, the opponents have not taken any correct action.  Alleging that the deceased, Vasant & Uttam both died because of deficiency in service on the part of the opponent, the heirs of the deceased filed consumer complaint praying for compensation of `5 lacs each in both complaints on account of pre-mature deaths of deceased Vasant and Uttam along with interest 18% p.a. from the date of accident and cost.

(3)               District Forum, Nashik after hearing both the parties and evaluating the evidence placed on record partly allowed both the complaints and awarded compensation of `75,000/- each in both complaints.  Aggrieved by the order, both the original complainants have filed two separate appeals for enhancement of the compensation.

(4)               Since the parties involved in both the appeals being same and issues involved in both appeals being identical, both the appeals are clubbed together and common order is passed.

(5)               The appeals were on sine-die list and placed before us on 28/07/2011.  We have directed the office to issue intimation of next date of hearing to both the parties and accordingly both the parties are intimated by notice dated 16/08/2011.  On the date of hearing, both the parties are absent.  Since the appeals are old, we proceed to decide the appeals on merit. 

(6)               Admittedly, Vasant Savaliram Kotame and Uttam Vasant Kotame while working in their field in Village Kotamgaon Deviche, Tal.Yeola on 10/09/1997 died because of electrocution.  It is on record that the appellants have informed opponent regarding poor maintenance of supply line going from their field.  It is an established fact that both of them died because of electrocution.  It has also come on record that the wire lying in their field was charged of high voltage and therefore, deceased lost their lives because of the heavy electric current in the wire.  Holding this deficiency on the part of the opponent, the district forum partly allowed the complaints and directed to pay the `75,000/- to the complainants in each complaint.  These two appeals are filed for the enhancement of compensation.  Looking to the evidence filed and facts of the case, we find that the compensation ordered by the District Forum is just and reasonable.  We do not find any substance in the appeals filed by the appellants.  We hold accordingly and pass the following order.

ORDER

1)       Appeal No. 696/04 and 697/04 are hereby dismissed.

2)       The order dated 26/10/1999 passed by the District Froum, Nashik is       hereby confirmed.

3)       Inform the parties accordingly.

Pronounced on 19^th September, 2011.