Karnataka

Chitradurga

CC/215/2018

Sathish S/o late Rajappa - Complainant(s)

Versus

The Superident Engineer,Commercial work and custody circle - Opp.Party(s)

Sri.R.Lokeshwarappa

10 Jan 2019

ORDER

COMPLAINT FILED ON:25.10.2018

DISPOSED  ON:10.01.2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO:215/2018

 

DATED:  10^th JANUARY 2019

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

SRI.N. THIPPESWAMY           : MEMBER

                        B.A., LL.B.,

……COMPLAINANT/S	Sathish S/o Late Rajappa, Age: 35 Years, Agriculturist, Dogganal village, Holalkere Taluk, Chitradurga.   (Rep by Sri.R. Lokeshwarappa, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Superintendent Engineer(Ele.,), Vanijya Karya Mattu Palana Vrutta, BESCOM, Davanagere.   2. The Executive Engineer(Ele.,), Vanijya Karya Mattu Palana Vrutta, BESCOM,Chitradurga.   3. The Assistant Executive Engineer (Ele.,), BESCOM, O & M Division, Holalkere, Chitradurga.   4. The Section Officer, Assistant Engineer, Malladihalli, Holalkere Taluk, Chitradurga.   (Rep by Sri.T.K. Chandrashekar Rao, 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.1,90,000/- and to grant such other reliefs.

2.      The brief facts of the case of the above complainant are that, he is an agriculturist by profession having buffalos, among which two buffalos were giving milk 10-15 liters per day and earning Rs.10-12 thousand and from the said income he was leading his life.  That on 21.05.2018 as usual, he was grazing his buffalos near the land of one Kumbara Channabasaiah of Dogganal village.  By that time, two milk giving buffalos were came in contact with the electric live wire which was fallen down in the said place and died at the spot at about 3-00 PM.  After the incident, the complainant informed to the Holalkere Police, they conducted spot panchanama.  Thereafter, the Veterinary Doctor, Malladihalli conducted Post Mortem and opined that, the said two buffalos were died due to electric shock.  It is further submitted that the said incident was taken place due to negligence and deficiency of service, therefore the OPs are liable to pay the compensation to the complainant.  The OPs have paid a sum of Rs.35,000/- to the complainant towards compensation towards the death of two buffalos.  The complainant was getting income of Rs.12,000/- p.m from the said two buffalos as they were giving 12-15 liters of milk.  Therefore, the complainant prays before this Forum to order Rs.12,000/- p.m from 21.05.2018 and Rs.50,000/- towards death of said two buffalos.  The cause of action for the complaint arose when the buffaloes were died due to electrocution which is within the jurisdiction of this Forum and prayed for allowing of the complaint.   

3.      On service of notice, OPs appeared before this Forum through Advocate Sri.T.K. Chandrashekar Rao and filed version stating that, the complainant is an agriculturist and maintaining two buffalos and getting 10-15 liters of milk and also getting an income of Rs.10,000/- p.m is false and baseless, the same is put to strict proof of the same.  It is further submitted that, on 21.05.2018 the two buffalos belonging to the complainant met with electric shock and died near Kumbara Channabasaaiah of Dogganal village was not known to the OPs till it was reported by the complainant.  It is not in dispute that, the complainant made a police complaint to Holalkere Police, who drawn Mahazar and it is also admitted that the Veterinary Doctor of Animal Husbandry, Malladihalli was conducted Postmortem and made assessment of Rs.70,000/- for two buffalos.  It is denied that, the incident was occurred due to negligence/deficiency of service on the part of OPs.  It is admitted that, the OPs have paid Rs.35,000/- for each buffalos and they have paid Rs.70,000/- towards two buffalos as per the assessment made by the Veterinary Doctor of Animal Husbandry, Malladihalli.  It is false to state that, the complainant was getting 12 to 15 liters of milk and earning Rs.10-12 thousand p.m and the value of said buffalos was Rs.1,00,000/-.  The prayer sought by the complainant is false and baseless and hence, prayed for dismissal of this complaint.        

 4.     Complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-6 were got marked.  OPs have filed affidavit of one Sri. Naveen, the OP No.1 as DW-1 and the documents Ex.B-1 to 6 were got marked and closed their side. 

5.      Arguments heard.

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

 

(1)  Whether the complainant proves that, the OPs have committed deficiency of service in settling the claim made by him 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 not in dispute that, complainant is an agriculturist by profession having two buffaloes and earning Rs.10-12 thousand from the said two buffalos and his family members are depending upon the earnings of said buffaloes.  On 21.05.2015 the complainant went for grazing the buffalos near the land of one Kumbara Channabasavaiah of Dogganal village.  By that time, the said two buffalos belonging to the complainant came in contact with the electric live line was passes through the said land and died at the spot when the same were grazing.   At the death of said buffaloes, the market value of the same was nearly Rs.35,000/- each as per the assessment made by the Veterinary Doctor of Animal Husbandry, Malladihalli as per Ex.B-4 and the future income of the said buffaloes was unlimited.  As per the PM report, the value of the buffaloes is Rs.35,000/- each but, the OPs have paid only Rs.35,000/- as compensation towards death of said two buffalos.  The incident was occurred due to negligent and carelessness act and deficiency in service on the part of OPs, the buffaloes met with an electrical accident and died. The complainant has produced all the relevant documents i.e., spot mahazar, PM report and photo of the deceased buffaloes.  The OPs have paid the compensation of Rs.35,000/-, which is a very meager amount. The duty of the OPs is to maintain the electricity line with care and caution.  But due to improper service of the OPs, the money earning two buffalos belongs to complainant were died, which caused financial loss and mental agony to the complainant.  The OPs intentionally neglected in maintaining the electric live wire which was drawn by them, the same amounts to deficiency of service and negligence on the part of OPs.  The Ex.B-4 also shows the death is due to electric shock, the same is due to negligence on the part of OPs. 

9.      On hearing the arguments of complainant and OPs and on perusal of the documents including the affidavit and documentary evidence, it clearly made out that, the complainant is an agriculturist by profession having buffalos.  On 21.05.2018 at about 3-00 PM, the buffalos belongs to complainant was died due to the touching of electric live line which was fallen on the land of one Kumbara Channabasavaiah of Dogganal village, when they were grazing.   As per the PM report, the value of the buffalos is Rs.35,000/- each.  Due to negligent act and carelessness of the OPs, the buffalos met with an electrical accident and died.  OPs have paid compensation of Rs.35,000/- only, which is a very meager amount, instead of giving the compensation of Rs.70,000/- for two buffalos as per the assessment made by the Veterinary Doctor.  The duty of the OPs is to maintain the electricity line with care and caution.  But, they have not maintained the same with proper care and caution.  Hence, in our considered view, the OPs have committed a deficiency in service and neglected to maintain the electric live wire which they have drawn, for that, they have to compensate the complainant.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.

            10.     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 complainant U/s 12 of CP Act 1986 is partly allowed.

It is ordered that, the OPs are hereby directed to pay a sum of Rs.35,000/- along with interest at the rate of 6% p.a from the date of filing of the complaint till realization. 

It is further ordered that, the OPs are hereby directed to pay Rs.10,000/- towards costs of this proceeding.  

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

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 10/01/2019 and it is pronounced in the open Court after our signatures)

 

 

                                     

MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined onbehalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

DW-1:  Sri. Naveen, the Section officer of OPs by way of affidavit evidence.

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Statement of one Sathish
02	Ex-A-2:-	Acknowledgement issued by Police
03	Ex-A-3:-	Spot Panchanama
04	Ex-A-4:-	Letter issued by Section Officer
05	Ex-A-5:-	Photo
06	Ex-A-6:-	Book issued by Milk Production Society

 

Documents marked on behalf of OPs:

01	Ex-B-1:-	Acknowledgement issued by Police
02	Ex-B-2:-	Spot panchanama
03	Ex-B-3:-	Statement of Sathish
04	Ex-B-4:-	P.M. report
05	Ex-B-5:-	Inspectorate report
06	Ex-B-6:-	Compensation sanction order

 

 

MEMBER                                                   PRESIDENT

Rhr**