Karnataka

Chitradurga

CC/76/2015

Sri.Venkatesh S/o. Thimmappa - Complainant(s)

Versus

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

Shri.M.S.Shankaragulli

10 Mar 2017

ORDER

COMPLAINT FILED ON:01.09.2015

DISPOSED      ON:10.03.2017

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO: 76/2015

 

DATED:  10^th MARCH 2017

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

                   SRI.N. THIPPESWAMY        MEMBER

                                 B.A., LL.B.,   

……COMPLAINANT	Venkatesh S/o Thimmappa, Age: 26 Years, Occ: Coolie, R/o Devasamudra Village, Molalkalmuru Taluk, Chitradurga District.      (Rep by Sri.M.S. Shankaragulli, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Section Officer, BESCOM, Rampur, Molkalmuru, Chitradurga.   2. The Asst. Executive Engineer, BESCOM, Molkalmuru, Chitradurga.   3. Executive Engineer ( O & M), BESCOM, Hiriyur, Chitradurga.   4. Superintending Engineer, O & M Circle, BESCOM, Davanagere.   (Rep by Sri. C.S.Kireety Shetty, Advocate)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OPs to pay compensation of Rs.16,00,000/- with interest at 18% p.a and such other reliefs.

2.     The brief facts of the case of the above complainant are that, the complainant is the permanent resident of Devasamudra Village, Molalkalmuru Taluk, Chitradurga District.  On 22.09.2012 at about 7-30 PM, when the complainant came out from his house to pass urine, there is  a BESCOM Transformer for supplying the current, nearly 7-8 feet different from passing the urine.  By that time, electricity wire touched the body of the complainant and the complainant was not able to get up due to the electric shock and lost his consciousness.  By that time, complainant’s father Thimmappa and mother Gowramma and brother-in-law Yallappa and his brother Suresh came to the spot and rescued the complainant.  Due to the electric shock, he sustained burning injuries and he was shifted to Rampura village and he was taken to Bellary VIMS Hospital in 108 Ambulance.  After giving treatment, on 23.09.2012, he was shifted to St. Mary Hospital, Bellary for further treatment.  The Doctors of St. Mary Hospital have given treatment to the complainant and taken a decision to cut and remove the right fore-arm and right leg two fingers of the complainant by way of operation.  The complainant has taken continuous treatment in the said Hospital by spending huge amount by raising loan from different authorities.  The complainant is a poor coolie worker, not having sufficient money for taking treatment.  It is further submitted that, the complainant has lodge a complaint before the Rampur Police, Molakalmuru Taluk, Chitradurga District on 21.11.2012 and accordingly the said Police have registered a case in Cr.No.142/2012 against the OP No.1 for an offence punishable u/Sec.338 of IPC.  After investigation the said Police have filed a charge sheet against the Section Officer by name Basanna G.N S/o Late Nagappa and on the basis of charge sheet, a criminal case has been registered on the file of the Hon’ble JMFC, Molakalmuru in C.C. No.22/2014, the same is pending.  It is further submitted that, the BESCOM is not properly maintaining the electrical supply and day to day maintenance and not to cause any electrification to the residents of the locality and take safety measures.  The OPs have failed to maintain the safety measures about the supply of electricity, directly all the OPs are responsible for the cause of incident. Having cut his right hand forearm and right leg, foot fingers and consequential disfigurement on those part of the body which resulted a permanent disfigurement and also permanent disability.  It is completely stopped the earning capacity of the complainant by all means.  The complainant is unable to work and earn himself and so, practically he is depending on the earnings of the family members, for which the OPs are liable to pay compensation for their deficiency in service and negligent on the part of OPs, the complainant has lost his important parts of his limbs.  The complainant has send a legal notice to the OPs on 03.08.2015 calling upon them to pay the damages to the extent of Rs.16,00,000/- with interest at the rate of 18% p.a till realization, the same notices were served to the OPs.  But, till today no reply has been received from the OPs nor paid any compensation.  The cause of action for the complaint arose on 03.08.2015 when the complainant has issued notice to the OPs calling upon them to pay the compensation.  To condone the delay in filing the complaint, the complainant has filed an application u/Sec.24 A of the C.P. Act, which was allowed by condoning the delay.  The complainant is residing within the territorial jurisdiction of this Forum.  The complainant is claiming Rs.10,00,000/- for permanent injuries, Rs.3,00,000/- for medical expenses, Rs.3,00,000/- for loss of earning and dependency and Rs.2,00,000/- for incidental expenses, nourishment and food expenses, totally Rs.16,00,000/- with interest.          

3.     On service of notices, OPs appeared through                    Sri. C.S. Kireety Shetty, Advocate and filed version denying the entire averments made in the complaint.  It is submitted by the OPs that, there is an electric DTC fixed on double pole structure having two RCC poles each measuring 9 meters height.  The capacity of the transformer is 25 KVA, the same is installed in between two RCC poles and height of each pole is 29.5 feet.  The 25 KVA transformer is kept on platform on iron angler at the height of 8 feet and the height of the transformer is 3 feet.  3 bushes are fixed and the current is being passed only through bushes.  The bushes are kept at the height of 11 feet from the platform.  Absolutely there is no chance to touch anybody to the transformer which is fixed at the height of 11 feet from the ground level.  The OPs have maintained log book at 66/11 KV MUSS (Master Unit sub-Station), KPTCL Station, Rampura.  OPs have produced log extract of the log register for the period 22.09.2012 and 23.09.2012 and there is no tripping of power on these two days as per the entries made in the log books.  There is no disrupt from 7-30 PM onwards and it is very clear that, there is no disruption of power during that time.  It is false to say that, due to touching of the hand and leg of the complainant to the transformer he was electrocuted.  One Dr. Bhagyalakshmi has treated the complainant and given certificate stating that, injuries are all simple in nature.  The certificate dated 01.02.2013 issued by the Doctor clearly shows that, the complainant has treated by her on 22.09.2012 at 9-16 AM which clearly falsifies the version of the complainant.  The certificate dated 01.02.2013 shows that, the Doctor treated the complainant on 22.09.2012 at 9-16 AM, mahazar dated 22.11.2012 falsifies the case of the complainant.  The mother of the complainant has given letter to the Medical Superintendent, VIMS, Bellary on 05.02.2013 that, her son Venkatesh sustained electrical injuries to the upper limb and right foot and admitted to VIMS on 21.09.2012, this clearly shows there was no electrocution on 22.09.2012 as stated by the complainant.  The sub-Inspector, Rampur has written a letter dated 11.02.2011 to the Doctor, VIMS Hospital, Bellary requesting to give final opinion in respect of the Medical Certificate issued by the Dr. Bhagyalakshmi and the Medical Certificate issued by VIMS Hospital, which clearly shows that, the letter dated 11.02.2012 is an unbelievable letter.  The letter written by Cosmetic, Plastic and Trauma Care Center written by the Doctor dated 03.08.02015 shows that facial surgery was conducted on 12.09.2012 which is absolutely false and incorrect.  The photos produced by the complainant clearly shows that, the transformer is fixed at the height of more than 11 feet and the say of complainant that, he touched the transformer which is situated at the ground level is unbelievable.  The documents produced by the complainant clearly disprove his own case and therefore, the complaint filed by the complainant is liable to be dismissed.

4.     Complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-21 were got marked. On behalf of OPs one Sri. C. Venkatesh, Section Officer, BESCOM, Rampur has examined as DW-1 by filing the affidavit evidence and Ex.B-1 to B-12 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 prove that the OPs have committed deficiency of service 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 complainant that, on 22.09.2012 at about 7-30 PM, when he came out from his house to pass urine, by that time, electricity wire touched the body of the complainant from the transformer and lost his consciousness.  By that time, complainant’s father Thimmappa, mother Gowramma, brother-in-law Yallappa and his brother Suresh came to the spot and rescued the complainant.  Due to the electric shock, he sustained burning injuries to his right hand and left leg and he was shifted to Rampura village and he was taken to Bellary VIMS Hospital in 108 Ambulance.  After giving treatment, on 23.09.2012 he was shifted to St. Mary Hospital, Bellary for further treatment.  The Doctors of St. Mary Hospital have given treatment to the complainant and taken a decision to cut and remove the right fore-arm and two fingers of right leg by way of operation.  The complainant has taken continuous treatment in the said Hospital by spending huge amount by raising loan from different authorities.  The complainant is a poor coolie worker, not having sufficient money for taking treatment.  The complainant has lodged a complaint before the Rampur Police, Molakalmuru Taluk, Chitradurga District on 21.11.2012 and the said Police have registered a case in Cr.No.142/2012 against the OP No.1 for an offence punishable u/Sec.338 of IPC.  After investigation the said Police have filed a charge sheet against the Section Officer and on the basis of charge sheet, a criminal case has been registered on the file of the Hon’ble JMFC, Molakalmuru in C.C. No.22/2014, the same is pending.  The BESCOM is not properly maintaining the electrical supply and day to day maintenance and take safety measures.  The OPs have failed to maintain the safety measures about the supply of electricity, directly all the OPs are responsible for the cause of incident. Having cut his right hand forearm and right leg, foot fingers and consequential disfigurement on those part of the body which resulted a permanent disfigurement and also permanent disability.  The complainant is unable to work and earn himself and so, practically he is depending on the earnings of the family members, for which the OPs are liable to pay compensation for their deficiency in service and negligent on the part of OPs, the complainant has lost his important parts of his limbs, for the negligence and deficiency in service on the part of OPs.             

9.     In support of his contention, the complainant has filed his affidavit evidence and reiterated the contents of complaint and relied on documents like FIR marked as Ex.      A-1, true copy of complaint marked as Ex.A-2, spot mahazar marked as Ex.A-3, MOs’ marked as Ex.A-4, charge sheet marked as Ex.A-5, statement of one Thimmppa marked as Ex.A-6, statement of one Smt. Gowramma marked as Ex.A-7, statement of one Yallappa marked as Ex.A-8, statement of one Suresh marked as Ex.A-9,  treatment certificate marked as Ex.A-10,  wound certificate marked as Ex.A-11, letter dated 11.03.2013 of VIMS, Bellary marked as Ex.A-12, letter dated 11.02.2011 from PSI, Rampur to VIMS, Bellary marked as Ex.A-13, report from Deputy Electrical Inspectorate, Chitradurga marked as Ex.A-14, Endorsement dated 05.09.2013 of Assistant Executive Engineer, BESCOM, Molkalmuru marked as Ex.A-15, true photocopies of the transformer marked as Ex.A-16, Photo of injured person marked as Ex.A-17, Legal Notice dated 03.08.2015 marked as Ex.A-18, 3 served acknowledgement marked as Ex.A-19, Postal receipts marked as Ex.A-20 and Prescription dated 03.08.2015 of Shruti Cosmetic, Plastic and Trauma Care Center marked as Ex.A-21.  

10.   On the other hand, it is argued by the OPs that, there is an electric DTC fixed on double pole structure having two RCC poles each measuring 9 meters height.  The capacity of the transformer is 25 KVA, the same is installed in between two RCC poles and height of each pole is 29.5 feet.  The 25 KVA transformer is kept on platform on iron angler at the height of 8 feet and the height of the transformer is 3 feet.  3 bushes are fixed and the current is being passed only through bushes.  The bushes are kept at the height of 11 feet from the platform.  Absolutely there is no chance to touch anybody to the transformer which is fixed at the height of 11 feet from the ground level.  The OPs have maintained log book at 66/11 KV MUSS (Master Unit sub-Station), KPTCL Station, Rampura.  OPs have produced log extract of the log register for the period 22.09.2012 and 23.09.2012 and there is no tripping of power on these two days as per the entries made in the log books.  There is no disrupt from 7-30 PM onwards and it is very clear that, there is no disruption of power during that time.  It is false to state that, due to touching of the hand and leg of the complainant to the transformer he was electrocuted.  One Dr. Bhagyalakshmi has treated the complainant and given certificate dated 01.02.2013 stating that, injuries are all simple in nature, which clearly shows that, the complainant has treated by her on 22.09.2012 at 9-16 AM which clearly falsifies the version of the complainant.  The mother of the complainant has given letter to the Medical Superintendent, VIMS, Bellary on 05.02.2013 that, her son Venkatesh sustained electrical injuries to the upper limb and right foot and admitted to VIMS on 21.09.2012, this clearly shows there was no electrocution on 22.09.2012 as stated by the complainant.  The sub-Inspector, Rampur has written a letter dated 11.02.2011 to the Doctor, VIMS Hospital, Bellary requesting to give final opinion in respect of the Medical Certificate issued by the Dr. Bhagyalakshmi and the Medical Certificate issued by VIMS Hospital, which clearly shows that, the letter dated 11.02.2012 is an unbelievable letter.  The letter written by Cosmetic, Plastic and Trauma Care Center written by the Doctor dated 03.08.02015 shows that facial surgery was conducted on 12.09.2012 which is absolutely false and incorrect.  The photos produced by the complainant clearly shows that, the transformer is fixed at the height of more than 11 feet and the say of complainant that, he touched the transformer which is situated at the ground level is unbelievable and there is no deficiency of service on the part of OPs.

11.   In support of their contention, the OPs have filed affidavit evidence of its and reiterated the contents of version and relied on documents like rough sketch showing the schematic diagram of transformer marked as Ex.B-1, log book extract dated 23.09.2012 marked as Ex.B-2, log book extract dated 22.09.2012 marked as Ex.B-3, copy of the complaint marked as Ex.B-4, Copy of the spot mahazar marked as Ex.B-5, wound certificate marked as Ex.B-6, Statement of complainant marked as Ex.B-7, Statement of Thippeswamy marked as Ex.B-8, Statement of Dr.Bhagyalakshmi marked as Ex.B-9, Statement of Dr. Somashekar Namagandi marked as Ex.B-10, Statement of Gowramma marked as Ex.B-11, Statement of Ganganna marked as Ex.B-12.

12.   On hearing the rival contentions of both parties and on perusal of the documents including the affidavit and documentary evidence, it clearly made out from the Ex.A-1 FIR that, the complainant sustained injuries due to passing of current from the electric wire which was connected to the main wire to the transformer when he went pass urine on 22.09.2012 at about 7-30 PM.  The OPs have installed the electric transformer and poles in the village on the edge of the road side.  The public are passing in the road every day, the OPs never taken any care to shift the same to any safety place.  The electrical Inspector inspected the spot on 02.05.2013 as per Ex.A-14, it clearly shows that, the poles and transformer were changed and installed new poles in the same place.  But, the statement of the complainant and witnesses and the report submitted by the police, the complainant sustained injuries due to touching of the electrical transformer which was very near to the land, which was at a distance of 5-7 feet.  Everyone can easily touch the transformer.  But, the OPs in their version, the transformer was at a distance of about 11 feet, which is not correct.  The report of the Electrical Inspector as per Ex.A-14 is against the version of the OPs.  It is also contended that, the complainant came in electric contact with the electric wire in-front of his house and sustained injuries due to electrocution.  The Ex.A-14, the report given by the Deputy Electrical Inspector clearly states that, the BESCOM Authorities have changed the Transformer on 12.03.2013 due to defects and the incident took place on 22.09.2012 i.e., before the incident, which shows that there is a deficiency and negligence on the part of OPs.  The injuries sustained by the complainant are permanent in nature.  Before the incident the complainant was doing coolie work and the entire family was depending upon the earning of the complainant.  As a result of electrocution, he lost his right hand and right foot and he cannot do any work properly. It is the duty of the OPs to take precautionary and safety measures of the public by putting the transformer in the safety place, but, the OPs failed to do so, which is a deficiency of service, which results in injuries to the complainant due to electrocution.  In our considered opinion, OPs have neglected in maintaining the transformer properly and therefore, they have committed deficiency of service and due to their negligence, complainant sustained electrical injuries due to electrocution.  The next point will arise regarding claim of compensation.  Ex.A-1 shows the injured is aged about 25 years and the multiplier applicable is 18. Admittedly, he is doing household work.  Therefore, it is just and proper to take net income at Rs.6,750/- pm.  Rs.6,750/- x 12 x 18, it comes to Rs.7,29,000/-.  Nobody can come forward to marry the complainant due to the injuries occurred in the incident, for which the complainant is entitled to get compensation of Rs.2,00,000/-, for medical expenses the complainant is entitled to get Rs.50,000/-.    Therefore, we come to the conclusion that, in all the complainant is entitled for Rs.9,79,000/- as compensation.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.

 

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

ORDER

          It is ordered that, the above complaint filed by the complainant u/Sec.12 of C.P. Act is hereby allowed in part.

          It is further ordered that, the OPs are hereby directed to pay a sum of Rs.9,79,000/- as compensation to the complainant along with interest at the rate of 12% p.a from the date of complaint till realization. 

          It is further directed the OPs to pay Rs. 10,000/- towards mental agony and Rs.5,000/- towards cost of the proceedings to the complainant.

          It is further ordered that, the OPs are hereby directed to comply the above order within 30 days from the date of this order.

(This order is made with the consent of Member after the correction of the draft on 10/03/2017 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. OPs by way of affidavit evidence. 

Documents marked on behalf of Complainants:

01	Ex-A-1:-	FIR marked
02	Ex-A-2:-	True copy of complaint
03	Ex-A-3:-	Spot mahazar
04	Ex-A-4:-	MOs’
05	Ex-A-5:-	Charge sheet
06	Ex-A-6:-	Statement of one Thimmppa
07	Ex-A-7:-	Statement of one Smt. Gowramma
08	Ex-A-8:-	Statement of one Yallappa
09	Ex-A-9:-	Statement of one Suresh
10	Ex.A-10:-	Treatment certificate
11	Ex.A-11:-	Wound certificate
12	Ex.A-12:-	Letter dated 11.03.2013 of VIMS, Bellary
13	Ex.A-13:-	Letter dated 11.02.2011 from PSI, Rampur to VIMS, Bellary
14	Ex.A-14:-	Report from Deputy Electrical Inspectorate, Chitradurga
15	Ex.A-15:-	Endorsement dated 05.09.2013 of Assistant Executive Engineer, BESCOM, Molkalmuru
16	Ex.A-16:-	True photocopies of the transformer
17	Ex.A-17:-	Photo of injured person
18	Ex.A-18:-	Legal Notice dated 03.08.2015
19	Ex.A-19:-	3 served acknowledgement
20	Ex.A-20:-	Postal receipts
21	Ex.A-21:-	Prescription dated 03.08.2015 of Shruti Cosmetic, Plastic and Trauma Care Center

 

Documents marked on behalf of OPs:

01	Ex-B-1:-	Schematic diagram of transformer
02	Ex-B-2:-	Log book extract dated 23.09.2012
03	Ex-B-3:-	Log book extract dated 22.09.2012
04	Ex-B-4:-	Copy of the complaint
05	Ex-B-5:-	Copy of the spot mahazar
06	Ex-B-6:-	Wound certificate
07	Ex-B-7:-	Statement of complainant
08	Ex-B-8:-	Statement of Thippeswamy
09	Ex-B-9:-	Statement of Dr.Bhagyalakshmi
10	Ex.B-10:-	Statement of Dr. Somashekar Namagandi
11	Ex.B-11:-	Statement of Gowramma
12	Ex.B-12:-	Statement of Ganganna
13	Ex.B-13:-	True copy of the complaint
14	Ex.B-14:-	Intimation of medico legal cases

 

 

MEMBER                                                            PRESIDENT

Rhr**

COMPLAINT FILED ON:01.09.2015

DISPOSED      ON:10.03.2017

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO: 76/2015

 

DATED:  10^th MARCH 2017

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

                   SRI.N. THIPPESWAMY        MEMBER

                                 B.A., LL.B.,   

……COMPLAINANT	Venkatesh S/o Thimmappa, Age: 26 Years, Occ: Coolie, R/o Devasamudra Village, Molalkalmuru Taluk, Chitradurga District.      (Rep by Sri.M.S. Shankaragulli, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Section Officer, BESCOM, Rampur, Molkalmuru, Chitradurga.   2. The Asst. Executive Engineer, BESCOM, Molkalmuru, Chitradurga.   3. Executive Engineer ( O & M), BESCOM, Hiriyur, Chitradurga.   4. Superintending Engineer, O & M Circle, BESCOM, Davanagere.   (Rep by Sri. C.S.Kireety Shetty, Advocate)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OPs to pay compensation of Rs.16,00,000/- with interest at 18% p.a and such other reliefs.

2.     The brief facts of the case of the above complainant are that, the complainant is the permanent resident of Devasamudra Village, Molalkalmuru Taluk, Chitradurga District.  On 22.09.2012 at about 7-30 PM, when the complainant came out from his house to pass urine, there is  a BESCOM Transformer for supplying the current, nearly 7-8 feet different from passing the urine.  By that time, electricity wire touched the body of the complainant and the complainant was not able to get up due to the electric shock and lost his consciousness.  By that time, complainant’s father Thimmappa and mother Gowramma and brother-in-law Yallappa and his brother Suresh came to the spot and rescued the complainant.  Due to the electric shock, he sustained burning injuries and he was shifted to Rampura village and he was taken to Bellary VIMS Hospital in 108 Ambulance.  After giving treatment, on 23.09.2012, he was shifted to St. Mary Hospital, Bellary for further treatment.  The Doctors of St. Mary Hospital have given treatment to the complainant and taken a decision to cut and remove the right fore-arm and right leg two fingers of the complainant by way of operation.  The complainant has taken continuous treatment in the said Hospital by spending huge amount by raising loan from different authorities.  The complainant is a poor coolie worker, not having sufficient money for taking treatment.  It is further submitted that, the complainant has lodge a complaint before the Rampur Police, Molakalmuru Taluk, Chitradurga District on 21.11.2012 and accordingly the said Police have registered a case in Cr.No.142/2012 against the OP No.1 for an offence punishable u/Sec.338 of IPC.  After investigation the said Police have filed a charge sheet against the Section Officer by name Basanna G.N S/o Late Nagappa and on the basis of charge sheet, a criminal case has been registered on the file of the Hon’ble JMFC, Molakalmuru in C.C. No.22/2014, the same is pending.  It is further submitted that, the BESCOM is not properly maintaining the electrical supply and day to day maintenance and not to cause any electrification to the residents of the locality and take safety measures.  The OPs have failed to maintain the safety measures about the supply of electricity, directly all the OPs are responsible for the cause of incident. Having cut his right hand forearm and right leg, foot fingers and consequential disfigurement on those part of the body which resulted a permanent disfigurement and also permanent disability.  It is completely stopped the earning capacity of the complainant by all means.  The complainant is unable to work and earn himself and so, practically he is depending on the earnings of the family members, for which the OPs are liable to pay compensation for their deficiency in service and negligent on the part of OPs, the complainant has lost his important parts of his limbs.  The complainant has send a legal notice to the OPs on 03.08.2015 calling upon them to pay the damages to the extent of Rs.16,00,000/- with interest at the rate of 18% p.a till realization, the same notices were served to the OPs.  But, till today no reply has been received from the OPs nor paid any compensation.  The cause of action for the complaint arose on 03.08.2015 when the complainant has issued notice to the OPs calling upon them to pay the compensation.  To condone the delay in filing the complaint, the complainant has filed an application u/Sec.24 A of the C.P. Act, which was allowed by condoning the delay.  The complainant is residing within the territorial jurisdiction of this Forum.  The complainant is claiming Rs.10,00,000/- for permanent injuries, Rs.3,00,000/- for medical expenses, Rs.3,00,000/- for loss of earning and dependency and Rs.2,00,000/- for incidental expenses, nourishment and food expenses, totally Rs.16,00,000/- with interest.          

3.     On service of notices, OPs appeared through                    Sri. C.S. Kireety Shetty, Advocate and filed version denying the entire averments made in the complaint.  It is submitted by the OPs that, there is an electric DTC fixed on double pole structure having two RCC poles each measuring 9 meters height.  The capacity of the transformer is 25 KVA, the same is installed in between two RCC poles and height of each pole is 29.5 feet.  The 25 KVA transformer is kept on platform on iron angler at the height of 8 feet and the height of the transformer is 3 feet.  3 bushes are fixed and the current is being passed only through bushes.  The bushes are kept at the height of 11 feet from the platform.  Absolutely there is no chance to touch anybody to the transformer which is fixed at the height of 11 feet from the ground level.  The OPs have maintained log book at 66/11 KV MUSS (Master Unit sub-Station), KPTCL Station, Rampura.  OPs have produced log extract of the log register for the period 22.09.2012 and 23.09.2012 and there is no tripping of power on these two days as per the entries made in the log books.  There is no disrupt from 7-30 PM onwards and it is very clear that, there is no disruption of power during that time.  It is false to say that, due to touching of the hand and leg of the complainant to the transformer he was electrocuted.  One Dr. Bhagyalakshmi has treated the complainant and given certificate stating that, injuries are all simple in nature.  The certificate dated 01.02.2013 issued by the Doctor clearly shows that, the complainant has treated by her on 22.09.2012 at 9-16 AM which clearly falsifies the version of the complainant.  The certificate dated 01.02.2013 shows that, the Doctor treated the complainant on 22.09.2012 at 9-16 AM, mahazar dated 22.11.2012 falsifies the case of the complainant.  The mother of the complainant has given letter to the Medical Superintendent, VIMS, Bellary on 05.02.2013 that, her son Venkatesh sustained electrical injuries to the upper limb and right foot and admitted to VIMS on 21.09.2012, this clearly shows there was no electrocution on 22.09.2012 as stated by the complainant.  The sub-Inspector, Rampur has written a letter dated 11.02.2011 to the Doctor, VIMS Hospital, Bellary requesting to give final opinion in respect of the Medical Certificate issued by the Dr. Bhagyalakshmi and the Medical Certificate issued by VIMS Hospital, which clearly shows that, the letter dated 11.02.2012 is an unbelievable letter.  The letter written by Cosmetic, Plastic and Trauma Care Center written by the Doctor dated 03.08.02015 shows that facial surgery was conducted on 12.09.2012 which is absolutely false and incorrect.  The photos produced by the complainant clearly shows that, the transformer is fixed at the height of more than 11 feet and the say of complainant that, he touched the transformer which is situated at the ground level is unbelievable.  The documents produced by the complainant clearly disprove his own case and therefore, the complaint filed by the complainant is liable to be dismissed.

4.     Complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-21 were got marked. On behalf of OPs one Sri. C. Venkatesh, Section Officer, BESCOM, Rampur has examined as DW-1 by filing the affidavit evidence and Ex.B-1 to B-12 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 prove that the OPs have committed deficiency of service 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 complainant that, on 22.09.2012 at about 7-30 PM, when he came out from his house to pass urine, by that time, electricity wire touched the body of the complainant from the transformer and lost his consciousness.  By that time, complainant’s father Thimmappa, mother Gowramma, brother-in-law Yallappa and his brother Suresh came to the spot and rescued the complainant.  Due to the electric shock, he sustained burning injuries to his right hand and left leg and he was shifted to Rampura village and he was taken to Bellary VIMS Hospital in 108 Ambulance.  After giving treatment, on 23.09.2012 he was shifted to St. Mary Hospital, Bellary for further treatment.  The Doctors of St. Mary Hospital have given treatment to the complainant and taken a decision to cut and remove the right fore-arm and two fingers of right leg by way of operation.  The complainant has taken continuous treatment in the said Hospital by spending huge amount by raising loan from different authorities.  The complainant is a poor coolie worker, not having sufficient money for taking treatment.  The complainant has lodged a complaint before the Rampur Police, Molakalmuru Taluk, Chitradurga District on 21.11.2012 and the said Police have registered a case in Cr.No.142/2012 against the OP No.1 for an offence punishable u/Sec.338 of IPC.  After investigation the said Police have filed a charge sheet against the Section Officer and on the basis of charge sheet, a criminal case has been registered on the file of the Hon’ble JMFC, Molakalmuru in C.C. No.22/2014, the same is pending.  The BESCOM is not properly maintaining the electrical supply and day to day maintenance and take safety measures.  The OPs have failed to maintain the safety measures about the supply of electricity, directly all the OPs are responsible for the cause of incident. Having cut his right hand forearm and right leg, foot fingers and consequential disfigurement on those part of the body which resulted a permanent disfigurement and also permanent disability.  The complainant is unable to work and earn himself and so, practically he is depending on the earnings of the family members, for which the OPs are liable to pay compensation for their deficiency in service and negligent on the part of OPs, the complainant has lost his important parts of his limbs, for the negligence and deficiency in service on the part of OPs.             

9.     In support of his contention, the complainant has filed his affidavit evidence and reiterated the contents of complaint and relied on documents like FIR marked as Ex.      A-1, true copy of complaint marked as Ex.A-2, spot mahazar marked as Ex.A-3, MOs’ marked as Ex.A-4, charge sheet marked as Ex.A-5, statement of one Thimmppa marked as Ex.A-6, statement of one Smt. Gowramma marked as Ex.A-7, statement of one Yallappa marked as Ex.A-8, statement of one Suresh marked as Ex.A-9,  treatment certificate marked as Ex.A-10,  wound certificate marked as Ex.A-11, letter dated 11.03.2013 of VIMS, Bellary marked as Ex.A-12, letter dated 11.02.2011 from PSI, Rampur to VIMS, Bellary marked as Ex.A-13, report from Deputy Electrical Inspectorate, Chitradurga marked as Ex.A-14, Endorsement dated 05.09.2013 of Assistant Executive Engineer, BESCOM, Molkalmuru marked as Ex.A-15, true photocopies of the transformer marked as Ex.A-16, Photo of injured person marked as Ex.A-17, Legal Notice dated 03.08.2015 marked as Ex.A-18, 3 served acknowledgement marked as Ex.A-19, Postal receipts marked as Ex.A-20 and Prescription dated 03.08.2015 of Shruti Cosmetic, Plastic and Trauma Care Center marked as Ex.A-21.  

10.   On the other hand, it is argued by the OPs that, there is an electric DTC fixed on double pole structure having two RCC poles each measuring 9 meters height.  The capacity of the transformer is 25 KVA, the same is installed in between two RCC poles and height of each pole is 29.5 feet.  The 25 KVA transformer is kept on platform on iron angler at the height of 8 feet and the height of the transformer is 3 feet.  3 bushes are fixed and the current is being passed only through bushes.  The bushes are kept at the height of 11 feet from the platform.  Absolutely there is no chance to touch anybody to the transformer which is fixed at the height of 11 feet from the ground level.  The OPs have maintained log book at 66/11 KV MUSS (Master Unit sub-Station), KPTCL Station, Rampura.  OPs have produced log extract of the log register for the period 22.09.2012 and 23.09.2012 and there is no tripping of power on these two days as per the entries made in the log books.  There is no disrupt from 7-30 PM onwards and it is very clear that, there is no disruption of power during that time.  It is false to state that, due to touching of the hand and leg of the complainant to the transformer he was electrocuted.  One Dr. Bhagyalakshmi has treated the complainant and given certificate dated 01.02.2013 stating that, injuries are all simple in nature, which clearly shows that, the complainant has treated by her on 22.09.2012 at 9-16 AM which clearly falsifies the version of the complainant.  The mother of the complainant has given letter to the Medical Superintendent, VIMS, Bellary on 05.02.2013 that, her son Venkatesh sustained electrical injuries to the upper limb and right foot and admitted to VIMS on 21.09.2012, this clearly shows there was no electrocution on 22.09.2012 as stated by the complainant.  The sub-Inspector, Rampur has written a letter dated 11.02.2011 to the Doctor, VIMS Hospital, Bellary requesting to give final opinion in respect of the Medical Certificate issued by the Dr. Bhagyalakshmi and the Medical Certificate issued by VIMS Hospital, which clearly shows that, the letter dated 11.02.2012 is an unbelievable letter.  The letter written by Cosmetic, Plastic and Trauma Care Center written by the Doctor dated 03.08.02015 shows that facial surgery was conducted on 12.09.2012 which is absolutely false and incorrect.  The photos produced by the complainant clearly shows that, the transformer is fixed at the height of more than 11 feet and the say of complainant that, he touched the transformer which is situated at the ground level is unbelievable and there is no deficiency of service on the part of OPs.

11.   In support of their contention, the OPs have filed affidavit evidence of its and reiterated the contents of version and relied on documents like rough sketch showing the schematic diagram of transformer marked as Ex.B-1, log book extract dated 23.09.2012 marked as Ex.B-2, log book extract dated 22.09.2012 marked as Ex.B-3, copy of the complaint marked as Ex.B-4, Copy of the spot mahazar marked as Ex.B-5, wound certificate marked as Ex.B-6, Statement of complainant marked as Ex.B-7, Statement of Thippeswamy marked as Ex.B-8, Statement of Dr.Bhagyalakshmi marked as Ex.B-9, Statement of Dr. Somashekar Namagandi marked as Ex.B-10, Statement of Gowramma marked as Ex.B-11, Statement of Ganganna marked as Ex.B-12.

12.   On hearing the rival contentions of both parties and on perusal of the documents including the affidavit and documentary evidence, it clearly made out from the Ex.A-1 FIR that, the complainant sustained injuries due to passing of current from the electric wire which was connected to the main wire to the transformer when he went pass urine on 22.09.2012 at about 7-30 PM.  The OPs have installed the electric transformer and poles in the village on the edge of the road side.  The public are passing in the road every day, the OPs never taken any care to shift the same to any safety place.  The electrical Inspector inspected the spot on 02.05.2013 as per Ex.A-14, it clearly shows that, the poles and transformer were changed and installed new poles in the same place.  But, the statement of the complainant and witnesses and the report submitted by the police, the complainant sustained injuries due to touching of the electrical transformer which was very near to the land, which was at a distance of 5-7 feet.  Everyone can easily touch the transformer.  But, the OPs in their version, the transformer was at a distance of about 11 feet, which is not correct.  The report of the Electrical Inspector as per Ex.A-14 is against the version of the OPs.  It is also contended that, the complainant came in electric contact with the electric wire in-front of his house and sustained injuries due to electrocution.  The Ex.A-14, the report given by the Deputy Electrical Inspector clearly states that, the BESCOM Authorities have changed the Transformer on 12.03.2013 due to defects and the incident took place on 22.09.2012 i.e., before the incident, which shows that there is a deficiency and negligence on the part of OPs.  The injuries sustained by the complainant are permanent in nature.  Before the incident the complainant was doing coolie work and the entire family was depending upon the earning of the complainant.  As a result of electrocution, he lost his right hand and right foot and he cannot do any work properly. It is the duty of the OPs to take precautionary and safety measures of the public by putting the transformer in the safety place, but, the OPs failed to do so, which is a deficiency of service, which results in injuries to the complainant due to electrocution.  In our considered opinion, OPs have neglected in maintaining the transformer properly and therefore, they have committed deficiency of service and due to their negligence, complainant sustained electrical injuries due to electrocution.  The next point will arise regarding claim of compensation.  Ex.A-1 shows the injured is aged about 25 years and the multiplier applicable is 18. Admittedly, he is doing household work.  Therefore, it is just and proper to take net income at Rs.6,750/- pm.  Rs.6,750/- x 12 x 18, it comes to Rs.7,29,000/-.  Nobody can come forward to marry the complainant due to the injuries occurred in the incident, for which the complainant is entitled to get compensation of Rs.2,00,000/-, for medical expenses the complainant is entitled to get Rs.50,000/-.    Therefore, we come to the conclusion that, in all the complainant is entitled for Rs.9,79,000/- as compensation.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.

 

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

ORDER

          It is ordered that, the above complaint filed by the complainant u/Sec.12 of C.P. Act is hereby allowed in part.

          It is further ordered that, the OPs are hereby directed to pay a sum of Rs.9,79,000/- as compensation to the complainant along with interest at the rate of 12% p.a from the date of complaint till realization. 

          It is further directed the OPs to pay Rs. 10,000/- towards mental agony and Rs.5,000/- towards cost of the proceedings to the complainant.

          It is further ordered that, the OPs are hereby directed to comply the above order within 30 days from the date of this order.

(This order is made with the consent of Member after the correction of the draft on 10/03/2017 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. OPs by way of affidavit evidence. 

Documents marked on behalf of Complainants:

01	Ex-A-1:-	FIR marked
02	Ex-A-2:-	True copy of complaint
03	Ex-A-3:-	Spot mahazar
04	Ex-A-4:-	MOs’
05	Ex-A-5:-	Charge sheet
06	Ex-A-6:-	Statement of one Thimmppa
07	Ex-A-7:-	Statement of one Smt. Gowramma
08	Ex-A-8:-	Statement of one Yallappa
09	Ex-A-9:-	Statement of one Suresh
10	Ex.A-10:-	Treatment certificate
11	Ex.A-11:-	Wound certificate
12	Ex.A-12:-	Letter dated 11.03.2013 of VIMS, Bellary
13	Ex.A-13:-	Letter dated 11.02.2011 from PSI, Rampur to VIMS, Bellary
14	Ex.A-14:-	Report from Deputy Electrical Inspectorate, Chitradurga
15	Ex.A-15:-	Endorsement dated 05.09.2013 of Assistant Executive Engineer, BESCOM, Molkalmuru
16	Ex.A-16:-	True photocopies of the transformer
17	Ex.A-17:-	Photo of injured person
18	Ex.A-18:-	Legal Notice dated 03.08.2015
19	Ex.A-19:-	3 served acknowledgement
20	Ex.A-20:-	Postal receipts
21	Ex.A-21:-	Prescription dated 03.08.2015 of Shruti Cosmetic, Plastic and Trauma Care Center

 

Documents marked on behalf of OPs:

01	Ex-B-1:-	Schematic diagram of transformer
02	Ex-B-2:-	Log book extract dated 23.09.2012
03	Ex-B-3:-	Log book extract dated 22.09.2012
04	Ex-B-4:-	Copy of the complaint
05	Ex-B-5:-	Copy of the spot mahazar
06	Ex-B-6:-	Wound certificate
07	Ex-B-7:-	Statement of complainant
08	Ex-B-8:-	Statement of Thippeswamy
09	Ex-B-9:-	Statement of Dr.Bhagyalakshmi
10	Ex.B-10:-	Statement of Dr. Somashekar Namagandi
11	Ex.B-11:-	Statement of Gowramma
12	Ex.B-12:-	Statement of Ganganna
13	Ex.B-13:-	True copy of the complaint
14	Ex.B-14:-	Intimation of medico legal cases

 

 

MEMBER                                                            PRESIDENT

Rhr**