This complaint is coming on for final hearing before us in the presence of Sri K.Venu Gopal, Advocate for the complainants and Sri P.Venu Gopal Rao, Advocate for opposite parties and having stood over for consideration, the Forum made the following:-

O   R   D   E   R

          This is a complaint filed under Section 12 of Consumer Protection Act seeking the relief to direct the O.Ps. to pay a sum of Rs.5 Lakhs with interest at 12% p.a., towards compensation for the damages due to the death of K.Dharma Rao in the electrical accident and to award costs  on the following averments.

          The first complainant is the wife, complainants 2 and 3 are the children and 4^th complainant is the mother of deceased Dharma Rao.  On 12-6-2013 at about 3.00 p.m., while the deceased was doing electrical work in Lootharin   Church he came in contact with live electrical wire which was passing at a low level behind the wall of the church and sustained burn injuries and fell on the ground.  After the accident he was shifted to community health center, Kurapam for treatment and at about 4.45 p.m., he died while taking treatment.  The police held inquest over the dead body of the deceased and the doctors have conducted P.M. examination over the dead body of the deceased and the same was handed over to the complainant for cremation.  As on the date of accident the deceased was aged about 30 years and was hale and healthy and was earning Rs.200/- per day as an electrician.  The complainants being the wife and children and mother of the deceased they are deprived of his love and affection and support.  The above said accident was occurred due to the gross negligence and dereliction in duties of the men of O.Ps. and as there is deficiency of service on their part for not keeping the live electrical wire far away from the earth, the complainants filed the complaint for the above said reliefs.

The 3^rd O.P. filed counter and the same was adopted by O.Ps. 1 and 2 by filing a memo.  In the counter, the O.Ps. have traversed the material allegations made in the complaint and have averred that there exists no consumer and service provider relationship in between the complainants and O.Ps and the men of O.Ps. were not the cause for the accident.  The O.Ps. have disputed the age, income and avocation of the deceased and his relationship with the petitioners.  It is averred that the respondents have been maintaining the electrical live wires as per rules and norms prescribed and due to negligence of the deceased he came in contact with live electrical wire and as there is no deficiency of service or dereliction of duty on the part of O.Ps., the petition merits no consideration and is liable to be dismissed.   It is averred that as per provisions of Electricity Act a notice is required to be given to the  electrical inspector as contemplated under the Electricity Act by the complainants and as no such notice was given to him before filing the complaint, the complaint is bad in law.  It is averred that as there are no bonafides in the complaint the same is liable to be dismissed.

In support of complainant’s case, the evidence affidavit of P.W.1 is filed and Ex.A.1 to A.5 are marked.  On behalf of O.P.s the evidence affidavit of R.W.1 is filed. Perused the material placed on record and heard the counsel for respective parties.

Now the point for consideration is whether the complainant is entitled to get the compensation as prayed for ?

          Basing on the evidence the learned advocate for complainant has contented that as the live electrical wire was passing at a low level near the place of incident, the deceased came in contact with the said live wire and he having received burn injuries died in the hospital.   As the complainants being his heirs are deprived of his support because of the negligent act of the men of O.Ps. they are entitled to get compensation as prayed for.  As against the above said contention the learned advocate for O.Ps. has contended that the live electrical wires at the place of accident were in proper height and the men of respondents have been maintaining the lines as per rules and norms and as the deceased was negligent, he came in contact with the live wire and as there is no deficiency of service on the part of men of O.Ps. the petition is liable to be dismissed.

          Besides the oral testimony of PW 1 the complainants have filed the copies of FIR, PM Report, Inquest report, Death certificate and copy of notice and got the same marked as Ex.A.1 to Ex.A.5.  The above said documents as well as the contents of pleadings and oral evidence adduced by respective parties clearly reveals that the deceased came in contact with live electrical wire near the place of incident and having sustained burn injuries he died in the hospital.  Though in the counter filed by the O.Ps. they have taken a plea that they have been maintaining the wires as per rules and norms they did not adduce cogent evidence to prove the said facts.  Immediately after this incident Ex.A.1 has been lodged with police who held inquest over the dead body of the deceased.   Ex.A.1 is the FIR and Ex.A.2 is the Inquest report.  As seen from the contents of both the documents it is manifest that the live electrical wire was passing at a low level near the place of accident and as the deceased came in contact with the wire he sustained injuries.

          As per Indian Electricity Rule: 30 Service lines and apparatus on Consumer’s premises:-

1. The supplier shall ensure that all electric supply lines, wires, fittings, and apparatus belonging to him or under his control which are on a consumer’s premises are in a safe condition and in all respects fit for supplying energy, and the supplier shall take due precautions to avoid danger arising on such premises from such supply lines, wires, fittings and apparatus.
2. Service-lines placed by the supplier on the premises of a consumer which are underground which are accessible shall be so insulated and protected by the supplier as to be secured under all ordinary conditions against electrical, mechanical, chemical or other injury to the insulation.
3. The consumer shall, as far as circumstances permit, take precautions for the safe custody of the equipment on his premises belonging to the supplier.
4. The consumer shall also ensure that the installation under his control is maintained in a safe condition.

          As seen from the above said rule the O.Ps. shall ensure that electric supply lines are in safe condition and due precaution was taken to avoid danger to men and cattle.   The inquest report as well as the FIR submitted to police clearly reveals that the live electrical wires near the place of accident were at a low level and as the deceased came in contact with a live electrical wire he sustained burn injuries and died in the hospital.  Hence, there is any amount of negligence on the part of O.Ps. in maintaining the electric supply lines in a proper condition and as there is deficiency of service on their part they are liable to pay compensation to the complainants.  The deceased was an electrician and while he was doing electrical work in Lootharin church he came in contact with live electrical wire and sustained burn injuries.  He being an electrician and was working in a day time he should have taken proper precaution from coming in contact with the live electrical wire.   Similarly he should have advised the church authorities to make a complaint to the O.Ps. to place the wires in proper height or to prevent passing of electricity through the said wires till his work is completed but he did not do so.

          Hence, there is contributory negligence on the part of deceased for happening the above said accident.  The complainants claimed a sum of Rs.5,00,000/- towards damages for the untimely demise of the deceased in the above said accident.  As per complainants the deceased was hale and healthy and was working as an electrician and was earning Rs.200/- per day.  The complainants did not adduce any cogent evidence to prove the actual earnings and avocation of the deceased.  As seen from the Post Mortem certificate and inquest report the deceased was aged about 32 years.  Since he was hale and healthy he must be doing some work to earn his bread.

          Though he was working as an electrician it cannot be said that he was getting work for all the days in a year.  Hence, we deem it fit to accept his annual income at Rs.36,000/-.   Out of the same a 1/3^rd which comes to Rs.12000/- can straight away be deducted towards personal living expenses of the deceased.  The balance amount of Rs.24,000/- can be taken as annual loss of dependency.  Since the deceased was aged about 32 years, the appropriate multiplier is fixed at 17.  The above annual loss of dependency if multiplied by the use of appropriate multiplier 17 fixed supra the compensation under the head loss of dependency comes to Rs.4,08,000/-.  Since the deceased contributed 50% for the cause of accident a sum of Rs.2,04,000/- is deducted towards his contribution for the cause of accident.  Balance amount of Rs.2,04,000/- is awarded as compensation to the complainants.

          In the result, the complaint is partly allowed directing the O.Ps. to pay a sum of Rs.2,04,000/- (Rupees two lakhs four thousand only) towards compensation for the demise of the deceased and a sum of Rs.5,000/- (Rupees five thousand only) is awarded towards costs which includes advocate fee of Rs.1,000/- (Rupees one thousand only).  Out of the amount so awarded the 1^st complainant is entitled to get Rs.1,05,000/- and complainants 2 and 3 are entitled to get Rs.30,000/- each and the balance amount of Rs.43,000/- shall be paid to 4^th complainant.  The complainants 1 and 4 are permitted to withdraw the amounts awarded to them, and the amounts awarded to complainants 2 and 3 shall be deposited in their names in any Nationalised Bank till they attain majority.  The 1^st complainant is entitled to withdraw the quarterly interest accrued on the deposits of complainants 2 and 3 and to spend the same for their maintenance, welfare and education.   The O.Ps. are directed to comply the order within 2 months from this day.

Dictated to the Typist, transcribed by her, corrected by me and pronounced by us in the open Forum, this the 3^rd  day of June, 2014.

Member                                                           President  

CC. 61 of 2013

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

     For P.W.1                                                                  For R.W.1

DOCUMENTS MARKED.

For complainant:-

1. Ex.A.1 FIR of Kurapam Police in Crime No.21/13 dt.13.6.2013
2. Ex.A.2 Inquest Report dt.13.6.2013
3. Ex.A.3 Post Mortem report dt.13.6.2013
4. Ex.A.4 Death Certificate dt.14.6.2013
5. Ex.A.5 Copy of Lawyer Notice dt.25.8.2013

For O.Ps: -NIL        

                                                                   President.