::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BIDAR::
C.C. No.123/2016.
Date of filing: 23.12.2016.
Date of disposal: 23.01.2018.
P R E S E N T:-
(1) Shri. Jagannath Prasad Udgata, B.A., LL.B.,
President
(2) Shri. Shankrappa (Halipurgi),
B.A.LL.B.,
Member.
COMPLAINANT/S: 1. Ambanna S/o Late Hanmanthappa Methre,
Age: 24 years, Occ: Agriculture,
R/o Village Walkhandi ,
Tq: Humnabad, Dist: Bidar.
2. Kamalabai W/o Late Hanmanthappa Methre,
Age: 50 Years, Occ: Agriculture and House hold,
R/o Village Walkhandi ,
Tq: Humnabad, Dist:Bidar.
(By Sri. Rajkumar. K, Adv.)
VERSUS
OPPONENT/S: 1) The Executive Engineer
(Electrical) (O&M)
GESCOM, Humnabad,
Division Humnabad.
(By R1.Sri. R.K.Ganure, Adv.)
:: J UD G M E N T ::
By Shri. Jagannath Prasad Udgata, President.
The Complainants have approached the Forum filing complaint u/s 12 of C.P. Act, 1986 alleging deficiency of service in the part of the opponent.
2. The gist of the complainant is as follows:
That the complainant No.1 is the son and complainant No.2 is wife of Late Hanumantappa Methre of Village Walkhandi Tq: Humnabad, Dist: Bidar. Said Late Hanumantappa was cultivating land bearing Sy.No.12 of village Walkhandi belonging to one Kamlabai W/o Dattatray Mainalli resident of the same village on batai basis and was earning Rupees One Lakhs from such agricultural operation.
3. It is further stated that on 20th March 2015 said late Hanumantappa while attempting to start the motor pump, fitted to the well in Sy.No.12 came across the gay-wire of the electric pole near to the open well of the said land. Electricity was flowing through the gay-wire and said late Hanumantappa, died due to electrocution.
4. The complainant No.1 filed a police complaint on the same date vide. Ex-P.1 as result of which U.D.R. No.6/2015 was registered in Chitaguppa Police Station and through investigation was conducted.
5. In course of investigation post mortem was conducted on the dead body and cause of death has been certified was due to electrical shock.
6. Inspite of raising a demand before the opponent no compensation has been paid and hence this complainant.
7. The opponent putting appearance through counsel has denied averments of the complaint. Further he has challenged the entitlement of the complainants claiming that they are not consumers of the opponent.
8. The complainants have submitted documents proving the death of late Hanumantappa due to electric shock.
9. Considering the rival contentions of the following points arise for our consideration.
- Do the complainants prove that late Hanumantappa died due to electric shock?
- Does the opponent prove that the complainants are not entitled for compensation as prayed for?
- What order?
Points No.1 and 2.
10. Both the points are inter webbed and hence
being answered together.
11. Ex.P.1 to P.4 of the case are clinching evidences of Late Hanumantappa, dying due to electric shock on20th March 2015 at Walkhandi Village receiving electrical shock from the live gay-wire.
12. The learned counsel for the complainant has submitted before us the following judgements of higher fora i.e., National Commission.
a. IV(2008) CPJ 139 (NC) GGM P&O, NPDCL & Ors V/s Koppu Duddarajan
“Villagers pay taxes to village Panchayat and power consumption charges to electricity company, are consumers.”
b. III (2010) CPJ 198 NC. DHBVNL v/s Vidya Devi
“Petitioner transmits energy, has duty to ensure safety and security of persons, animals and other objects. Loose exposed wire causes damages- Petitioner held liable to compensate losses.”
c. 2013 (@) CPR 184 (NC) Dakshini Haryana Bijli Vitaran Nigam Ltd. Through Managing Director and Anr V/s Pramila Devi and others.
“Electricity board is duty a bound to ensure proper and safe upkeep of electric wires”.
d. 2013(@) CPR 133(NC) Sapient corporation Employees provident fund trust V/s HDFC Bank Ltd. and others.
“Consumer protection act 1986 is a social, legislation to provide economic justice and to protect consumer from exploitation.
Basing on the ratios laid down by the National commission. Coupled with the proofs submitted by the complainants we answer.
Point No.1. In the affirmative.
Point No.2. In the Negative.
And proceed to pass the order as per the following.
:: REASONS ::
13. The opponent has challenged contention of the complainants that the deceased was ever cultivating the land of Smt. Kamalabai W/o Dattatray Mainalli of Village Walkhandi Tq: Humnabad, Dist: Bidar.
14. The complainants have submitted the evidence affidavit of said Kamlabai with the RTC extract of the land Bering Sy.No.12 of Walkhandi village.
15. Smt. Kamlabai has testified that late Hanumantappa was given the land to cultivate for three years. The opponent has never challenged such sworn affidavit and we have to accept it on the face value since in rural areas such kind of arrangements are in vogue.
16. However contrary to the assertions’ of the complainants no evidence is forth coming proving the annual income of late Hanmantappa to the extent of Rs.1,00,000/-. Here but is a case of fatality due to the deficiency of service of the opponent and the complainants must be duly compensated.
17. In a case law submitted by the complainants reported in I (2008) CPJ 389.
Indianoil corporation Ltd.
V/s
Krishna Sharma and others.
Of the Hon’rable Madhya Pradesh State commission, in a L.P.G. cylinder leakage case it was held and damage was assessed as per provisions of Motor Vehicle Act 1988. Having no other viable alternative formula available to us we adopt the same method. As per PM report the deceased was 58 years old at the time of death.
18. IN a plethora of cases Hon’rable Supreme Court (e.g. Sarala Varma case reported in MANU /sc/0606/2009) has adopted the Davies method for calculating the compensation fixing multiplier and multiplicand system.
19. Basing on that, multiplier nine has to be adopted, to calculate just compensation. As far as multiplicand is concerned no evidence having been led before us regarding income of the deceased we would calculate his income as daily wages Labourer which would be not less the @ Rs.200/- per day in the present market condition. Assuming that there would be 25 working days in a month his income would be at @ Rs.5000/- per month. Out of the same @ Rs.1,700/- would have to be deducted as his personal expenditure and his contribution to the complainants would be @ Rs.3,300/- per month.
20. Basing on the latest judgement of Hon’ble Supreme Court average 10% has to be given credit towards future prospects. So his notional monthly contribution is fixed @ Rs.3,600/-. Hence just compensation calculated would be Rs.3600X12X9=3,88,800/-. Which should be awarded along with other conventional awards.
21. Hence we proceed to pas the followings:-
::ORDER::
- The complaint is allowed in part.
- The opponent is here by directed to pay sum of Rs.3,88,800/- along with interest @ 12% PA calculated from the date of lodging the claim. i.e., 10.11.2016 (AS per Ex.P.5) till the date of realization).
- A further sum of Rs.10,000/- would be payable by the opponent owing to deprieval of just claim and mental agonies.
- A sum of Rs.5,000/- would be payable by the opponent towards litigation expenses.
- Four weeks time granted to comply this order aforesaid.
(Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 23rd day of January 2018).
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
Documents produced by the complainant
- Ex.P.1- Police complaint date: 20.03.2016 of Sri. Ambanna.
- Ex.P.2– Proceeding U.D.R.No.6/2015 of chittaguppa P.S.
- Ex.P.3– Inquest report u/s 174 Cr.P.C.in U.D.R.No.6/2015 of
Chittaguppa P.S. - Ex.P.4—Post mortem report.
- Ex.P.5- Acknowledged copy of claim petition date: 10.11.2016.
- Ex.P.6- Copy of ration card of complainantNo.2.
- Ex.P.7- Copy of ration card of complainant No.1 (at the reverse of
Ex.P.6) - Ex.P.8- R.T.C. extract ofSy.No.12, of village Walkhandi, Tq:
Humnabad, Dist: Bidar.
Document produced by the Opponent.
–Nil-
Witness examined.
Complainant.
- P.W.1- Sri Ambanna (complainant No.1)
- P.W.2- Smt. Kamala Bai W/o Dattatreya.
Opponent.
- Sri Pundalik S/o Urgappa Gokhle. A.E.E.GESCOM.
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
