Karnataka

Chitradurga

CC/100/2015

Mallamma W/o. Late Bhairesha - Complainant(s)

Versus

The Section Officer, BESCOM - Opp.Party(s)

Shri.H.Manjappa

17 Dec 2016

ORDER

 

 

COMPLAINT FILED ON:03.12.2015

DISPOSED      ON:17.12.2016

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO: 100/2015

 

DATED:  17^th DECEMBER 2016

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                                   B.A., LL.B.,

                   SRI.N. THIPPESWAMY        MEMBER

                                 B.A., LL.B.,                   

..……COMPLAINANTS	1. Mallamma, W/o Late Bhairesha, Age 25 Years,   2. B. Anu @ Anusha, D/o Late Bhairesha, Age 5 years,   3. B. Apeksha, D/o Late Bhairesha, Age 3 Years,   4. Rukdramma, W/o Parvathappa, Age 45 Years,   5. Parvathappa, S/o Nunkappa, Age: 60 Years, Since Complainant No.2 and 3 are minors, represented by their natural guardian mother Mallamma W/o Late Bhairesha, Complainant No.1.  All are r/o Singapura village, Hulluru Post, Chitradurga Taluk and District.   (Rep by Sri. H. Manjappa, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Section Officer, BESCOM, Pandrahally village, Janukonda Circle, Chitradurga Taluk.   2. The Assistant Executive Engineer (Ele), ( O & M Division), BESCOM, Holalkere Road, Chitradurga.   3. The Executive Engineer (O & M Division), BESCOM, Chitradurga.   4. The Superintendent Engineer, (O & M Division), BESCOM, Davanagere.   5. The Managing Director, BESCOM, K.R. Circle, Bangalore.   (Rep by Sri.M. Umesh, Advocate for OP 1 to 4, OP No.5 ex-parte)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainants u/Sec.12 of the C.P Act, 1986 for the relief of direction to the OPs to pay Rs.10,00,000/- with interest at the rate of 18% p.a, Rs.20,000/- towards mental agony and such other reliefs.

2.      The brief facts of the case of the above complainants are that, complainant No.1 is the legally wedded wife of deceased Bhairesha, Complainant Nos. 2 and 3 are the minor daughters of said Bhairesha and complainant Nos. 4 and 5 are the parents of deceased Bhairesha.  It is further submitted that, on 10.04.2014, the said Bhairesha died due to electrocution at Singapura village, Chitradurga Taluk.  During his life time, the deceased Bhairesha was doing the coolie work and their family members are solely depending upon the earnings of the said Bhairesha.  According to the complainant No.1, her husband was earning nearly Rs.1.5 lakhs per year.  It is further submitted that, on 10.04.2014 at about 8-30 AM, complainant No.1 went outside to bring water, by that time, complainant No.2 the daughter of deceased Bhairesha informed to her mother that, her father was behaving unnaturally and on hearing the same, complainant No.1 rushed to her house and saw her husband was fell down on the floor and her husband mobile phone was fell down on the floor and it’s charger was also lying by the side of her husband.  Later, she shouted and call the brother of her husband by name Sathishappa and her mother-in-law Smt. Rudramma.  All of them shifted Bhairesha in an Autoriksha to the District Hospital, Chitradurga.  The said Bhairesha was died on the way to the Hospital.  It is further submitted that, the deceased was died due to sudden burst of transformer which was nearby the house of the complainants.  By that time, the deceased was putting the charger to the light holder pin in his house by that time, the said Bhairesha was sustained electrical shock and injury and ultimately he succumbed to the injuries on the same day.  All these facts happened due to negligence and dereliction of duties of the OPs.  It is further submitted that, the deceased Bhairesha was doing Agricultural work and he was maintaining his entire family on the earnings of his agricultural land.  According to the complainants, he was earning nearly Rs.1.5 lakhs p.a.  Ultimately on account of death of deceased Bhairesha, complainants put into great hardship and inconvenience for their livelihood.  The said incident occurred on account of improper supply of energy and there is a variation in supply of electrical energy and as such there is a gross negligence on the part of the OPs.  Therefore, the OPs are jointly and severally liable to pay the compensation as claimed.    Further on 19.09.2015 complainants got issued legal notice to OPs.  Inspite of receipt of notice, the OPs neither replied nor settle the claim.  The incident was occurred at Singapura village, Hullur Post, within the jurisdiction of this Forum.  The cause of action for the above dispute has arisen on 10.04.2014 when the incident was occurred and subsequently when the legal notice was issued to the OPs.   Further the complainants filed an application and prayed for implead OP No.5 as a necessary party to this proceedings.  Therefore there is a deficiency of service on the part of OPs and therefore prayed for allow the complaint. 

3.      On service of notice OP No.1 to 4 appeared through Sri. M. Umesh, Advocate and inspite of service of notice on OP No.5, OP No.5 remained absent and placed ex-parte. 

OP No.1 filed version and OP No.2 to 4 filed a memo adopting the version filed by OP No.1.  OP No.1 filed a version denying the entire averments made by the complainants in their complaint.  Further, OP No.1 stated that, para 11 to 14 are the false statements and further OP No.1 denied the death of Bhairesha due to electrocution and further OP No.1 denied the earnings of deceased Bhairesh.  OP No.1 denied that the Bhairesha was putting the charger to the light holder pin in his house and further denied due to sudden burst of transformer he sustained electrical shock and injury and ultimately he died.  Further, it is denied that, the deceased Bhairesha was earning nearly Rs.1.5 lakhs p.a and the OP No.1 strongly taken a contention that, this Forum has no jurisdiction to entertain this complaint and the complainants are not the consumers.  The complainants are not the relatives of deceased Bhairesha and there is no deficiency of service on their part and prayed for dismissal of the complaint.                

4.      Complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-12 were got marked. On behalf of OPs, one Sri.T. Jayanna, Section Officer, BESCOM has examined as DW-1 by filing the affidavit evidence and no documents have been got marked.   

5.      Arguments of both sides heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

(1)  Whether the complainants proves that the OPs have committed deficiency of service in giving compensation for death of Bhairesha on account of electrocution and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

 

          7.      Our findings on the above points are as follows:-

          Point No.1:- Partly in Affirmative.

          Point No.2:- As per final order.

REASONS

8.      It is the case of the complainants that, on 10.04.2014, the husband of complainant No.1 Bhairesh died due to electrocution.  During his life time, he was doing the coolie work and their family members are solely depending upon the earnings of the said Bhairesha and he was earning nearly Rs.1.5 lakhs per year.  It is argued that, on 10.04.2014 at about 8-30 AM, complainant No.2, the daughter of deceased Bhairesha informed to complainant No.1 that, her father was behaving unnaturally and on hearing the same, complainant No.1 rushed to her house and saw her husband was fell down on the floor and her husband mobile phone was fell down on the floor and it’s charger was also lying by the side of her husband.  She shouted and call the brother of her husband by name Sathishappa and her mother-in-law Smt. Rudramma.  All of them shifted Bhairesha in an Auto-riksha to the District Hospital, Chitradurga by that time, Bhairesh was died on the way to the Hospital.  The deceased was putting the charger to the light holder pin in his house by that time, the said Bhairesh was sustained electrical shock and injury and ultimately he succumbed to the injuries on the same day.  It is vehemently argued that, the said Bhairesha was died due to sudden burst of transformer which was nearby the house of the complainants due to negligence and dereliction of duties of the OPs in maintaining the transformer.  The deceased Bhairesha was doing Agricultural work and he was maintaining his entire family on the earnings of his agricultural income of nearly Rs.1.5 lakhs p.a.  Ultimately on account of death of deceased Bhairesha, complainants put into great hardship and inconvenience for their livelihood.  The said incident occurred on account of improper supply of energy and there is a variation in supply of electrical energy and as such there is a gross negligence on the part of the OPs.  Therefore, the OPs are jointly and severally liable to pay the compensation as claimed.   

9.      In support of their contention, the complainants have filed affidavit evidence of Complainant No.1 and reiterated the contents of complaint and relied on the documents like FIR marked as Ex.A-1, complaint given by complainant marked as Ex.A-2, Inquest Mahazar and statements of witnesses marked as Ex.A-3, Postmortem report marked as Ex.A-4, Electricity Bill marked as Ex.A-5, report of Electrical Inspectorate dated 05.05.2014 marked as Ex.A-6, Legal Notice dated 19.09.2015 marked as Ex.A-6, Postal receipts (4 in number) marked as Ex.A-7, Postal acknowledgements (4 in numbers) marked as Ex.A-8 to Ex.A-11, Postal receipt and acknowledgement marked as Ex.A-12.

10.    On the other hand, it is argued by the OPs denying the entire averments made by the complainants in their complaint.  Further, OP No.1 argued that, the death of Bhairesha was not due to electrocution and he was not earning nearly 1.5 lakhs per year.    It is further argued that, the deceased Bhairesha was not putting the charger to the light holder pin in his house and further denied due to sudden burst of transformer he sustained electrical shock and injury and ultimately he died.  The OP No.1 strongly taken a contention that, this Forum has no jurisdiction to entertain this complaint and the complainants are not the consumers.  The complainants are not the relatives of deceased Bhairesha and there is no deficiency of service on their part.

11.   On hearing the rival contentions of both parties and on perusal of the documents including the affidavit and documentary evidence, it clearly made out that, complainant No.1 is the legally wedded wife of deceased Bhairesha, Complainant Nos. 2 and 3 are the minor daughters of said Bhairesha and complainant Nos. 4 and 5 are the parents of deceased Bhairesha.  On 10.04.2014, the said Bhairesha died due to electrocution due to sudden burst of transformer near the house of the complainants at Singapura village, Chitradurga Taluk.  It is pertinent to note that, during the life time of deceased Bhairesha was doing the coolie work and their family members are solely depending upon the earnings of the said Bhairesha and he was earning nearly Rs.1.5 lakhs per year.  On 10.04.2014 at about 8-30 AM, complainant No.2 the daughter of deceased Bhairesha informed the complainant No.1 that, her father was behaving unnaturally and on hearing the same, complainant No.1 rushed to her house and saw her husband was fell down on the floor.  Later, complainant No.1 call the brother of her husband by name Sathishappa and her mother-in-law Smt. Rudramma and shifted Bhairesha in an Auto-riksha to the District Hospital, Chitradurga.  The said Bhairesh was died on the way to the Hospital due to sudden burst of transformer which was nearby the house of the complainants, due to negligence and dereliction of duties of the OPs.  During the life time, the deceased Bhairesh was doing Agricultural work and he was maintaining his entire family on the earnings of his agricultural land and he was earning nearly Rs.1.5 lakhs p.a.  On account of death of deceased Bhairesha, complainants put into great hardship and inconvenience for their livelihood.  The said incident occurred on account of improper supply of energy and there is a variation in supply of electrical energy and as such there is a gross negligence on the part of the OPs.  Therefore, the OPs are jointly and severally liable to pay the compensation.   So, in our considered view, the OPs have committed deficiency of service.  Accordingly, this Point No.1 is held as partly affirmative.             

  

            12.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainants U/s 12 of C.P Act 1986 is partly allowed.

It is ordered that, the OPs are hereby directed to pay a sum of Rs.6,00,000/- towards compensation along with interest at the rate of 6% p.a from the date of complaint till realization.  Out of the said amount, 50% is ordered to be deposited in the names of complainant No.2 and 3, i.e., the minor daughters in any Nationalized Bank till attaining their majority, 25% is ordered to pay to complainant No.4 and 5 and remaining 25% is ordered to pay to complainant No.1.        

It is further ordered that, the OPs are hereby directed to pay Rs.10,000/- towards mental agony to the complainant.

It is further ordered that, the OPs are hereby directed to pay 5,000/- towards costs of this proceeding.  

It is further ordered that, the OPs are hereby directed to comply the above order within 45 days from the date of this order.

 (This order is made with the consent of Member after the correction of the draft on 17/12/2016 and it is pronounced in the open Court after our signatures)         

 

                                     

 MEMBER                                                   PRESIDENT

 

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

DW-1:  Sri.Jayanna, Section Officer of OPs by way of affidavit evidence. 

Documents marked on behalf of Complainants:

01	Ex-A-1:-	FIR marked
02	Ex-A-2:-	Complaint given by complainant
03	Ex-A-3:-	Inquest Mahazar and statements of witnesses
04	Ex.A-4:-	Postmortem report
05	Ex.A-5:-	Electricity Bill
06	Ex.A-6:-	Report of Electrical Inspectorate dated 05.05.2014
07	Ex.A-7:-	Legal Notice dated 19.09.2015
08	Ex.A-8 to 11:-	Postal receipts (4 in number)
09	Ex.A-12:-	Postal receipt and acknowledgement

 

Documents marked on behalf of OPs:

-Nil-

MEMBER                                                            PRESIDENT

Rhr**