Karnataka

Chitradurga

CC/33/2018

Kalash G.M - Complainant(s)

Versus

The Superintendent Engineer, Bescom - Opp.Party(s)

02 Aug 2018

ORDER

 

COMPLAINT FILED ON:09/04/2018

DISPOSED      ON:02/08/2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

 

C.C.NO:33/2018

 

DATED: 2^nd AUGUST 2018

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

SMT.JYOTHI RADHESH JEMBAGI : MEMBER

                                BSc., MBA., DHA.,

……COMPLAINANT/S	Kalash @ Kalash G.M, S/o Mukundareddy, C/o Ramachandra Reddy, Age:27 Years, R/o G.R. Halli, Chitradurga Taluk and District.   (Reptd. By Sri.R. Dayananda Reddy, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Superintendent Engineer, BESCOM, O & M Circle, Hadadi Road, Davanagere.   2. The Executive Engineer, BESCOM, Near RTO, Chitradurga.   (Reptd. By Sri.T.K. Chandra Shekar 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 Rs.1,75,000/- towards compensation with interest at the rate of 12% p.a, Rs.5,000/- towards costs and such other reliefs.  

2.      The brief facts of the case of the above complainant is that, he is an agriculturist by profession owing a land situated at G.R. Halli village, the same is stands in the name of Ramachandra Reddy who is the grand-father of the complainant.  The OP No.1 and 2 have provided electricity to the bore well of the complainant and the LT line is passed through middle portion of their land and other farmers of the locality.  On 20.08.2016 the complainant was grazing his cows in their land, at that time, the LT line suddenly felled on the HF cow which is grazing in the land, by this impact, the HF cow died at the spot.  After that, the complainant has lodged a complaint before the Chitradurga Rural Police and also informed the same to the BESCOM office.  The autopsy of HF cow is done by the Veterinary Doctor and PM was also done.  It is further submitted that, he was earning Rs.600/- per day from the milk produced from the said cow and he suffered loss of income to the tune of Rs.1,00,000/- by the death of cow.  The OP No.1 and 2 have supplied electricity to the bore well and to the land of other farmers.  The LT line is fixed by the Ops with an assurance of taking care of the crops and lives of the complainant’s land and time to time proper care of electric line is not done by the OPs.  The Chitradurga Police have visited the spot and conducted mahazar.  As per the mahazar, the complainant has got loss of Rs.75,000/- towards the death of cow.  In connection to the incident, the Davanagere Superintendant Engineer of the BESCOM make an order to pay Rs.5,000/- towards the loss suffered by the complainant.  The complainant has not received the said amount and protested.  As per the orders passed by the OPs, they have admitted that, the incident caused due to negligence and deficiency on the part of OPs Department without replacing the damaged electric wires.  The compensation ordered by the OPs is very meager.  The complainant asked to make good of loss suffered by him by the negligence of the OPs.  But, the OPs have not responded properly and given evasive answer.  The OPs are the suppliers of the electricity at G.R. Halli village which is within the jurisdiction of this Forum and hence, prayed for allow the complainant.

3.      After service of notice, OPs appeared through Sri. T.K. Chandrashekara Rao, Advocate and filed version.  According to the version filed by OPs, they have admitted that, the electric line is passed over the land of the complainant and further admitted that, on 20.08.2016, the LT line suddenly fallen on the grazing cow and died at the spot.  Further it is stated that, the LT line fallen down due to sudden surge of rain and whirlwind and the electrical lines came in contact with each other and fallen down and the cow came in contact with the electric line and died.  There is no fault or negligence or deficiency on the part of OPs.  The incident is act of god and act of nature.  The OPs have maintained the electric line and there was no complaint from any consumer of the area.  It is true that, the complainant has lodged a complaint before the Rural Police, Chitradurga and further denied that, the complainant earned Rs.600/- per day and further the complainant has suffered loss of Rs.1,00,000/- for the death of cow is false and baseless.  Further it is denied that, the Police have visited the spot and written mahazar and stated that, it is true that, the Davanagere Superintendent Engineer has passed an order fixing the compensation amount of Rs.5,000/- to the complainant towards the death of his cow.  Further it is denied that, there is no negligence on the part of OPs.  It is further submitted that, the BESCOM perfectly maintained the electric line passing through the land of Ramachandra Reddy in sy.No.348/2 of G.R. Halli in good and perfect manner.  On 20.08.2016, the cow belongs to G.M. Kalash was grazing near the land and accidently while grazing in the above said land, the cow came in contact with the snapped electrical wire and died on the spot.  As per the report of one Udaya Kumar, lineman, O & M-4, BESCOM, Chitradurga, there was heavy rain and wind since last two days and on 20.08.2016 there was a rain and wind and due to this, the electrical wires came in contact with each other and due to short circuit, the electrical wire cut down and fallen on the ground.  It is further submitted that, the incident is occurred due to natural calamities.  The OPs are perfectly maintained the wires properly.  As per the norms of the BESCOM, the Superintendent Engineer, Davanagere vide order No.SEE/EE/AE/8998-44 dated 29.09.2016 sanctioned an amount of Rs.5,000/- and hence, prayed for dismissal of the complaint.    

 4.     The complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-8 were got marked and closed his side.  On behalf of OPs, one Sri. Mallikarjuna Swamy, Executive Engineer (Ele), BESCOM, Chitradurga has examined as   DW-1 by filing affidavit evidence and documents Ex.B-1 to B-10 have been 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 complainants prove that, OPs have not settled the claim of the complainant due to the death of his cow due to fallen of LT line and committed deficiency of service and entitled for the relief as prayed for?
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.      Point No.1:- It is not in dispute that, the complainant is having HF cow and the same was grazing in his land on 20.08.2016.  At the time of grazing, the LT line which was passing through their land suddenly fallen on the said HF cow and died on the spot due to electrocution.  After the death of his cow, the complainant lodged a complaint before the concerned police, the Police have visited the spot and drawn mahazar and stated that, the value of the cow is of Rs.75,000/-.  The complainant also intimated the same to the BESCOM, Davanagere Superintendant Engineer, who passed an order fixing the amount of Rs.5,000/- towards loss of cow.  The Veterinary Doctor has conducted PM report and valued the said cow at Rs.50,000/-.  The OP has filed version admitting that the cow was died at the spot due to fallen down of the LT line on the cow.  There is no dispute with regard to the death of cow on account of electrocution due to fallen of LT line wire.  So, the Advocate appeared on behalf of OPs submits his arguments and stated that, he has no objection to pass an award of Rs.50,000/- as per the PM report.  Further it is stated that, the incident is happened to the act of God and act of nature and there is no deficiency of service on the part of OPs.  On the day of death of the cow, there was heavy rain and wind.  Due to that, the electric wire fallen on the cow and came in contact with each other, the short circuit was happened which caused the death of cow.  Whatever it may be, the cow was died due to fallen of LT line.  The complainant is asking Rs.1,75,000/- towards the death of his cow.  Further it is stated that, nearly there was an income of Rs.600/- per day to the complainant out of the milk from the said cow. 

9.      We have gone through the entire documents i.e.,   Ex.A-1 to A-8 and Ex.B-1 to B-10.  No doubt the cow was died due to fallen of the LT wire of the OPs.  The OPs have also admits that the cow died due to fallen of the LT wire.  The admitted facts need not be proved by giving evidence or any other material facts.  But the Advocate for the OPs submitted the arguments stating that, an award of Rs.50,000/- be ordered as per the PM report conducted by the Veterinary Doctor.  After verifying all the documents and arguments of both the sides, this Forum comes to the conclusion and decided to pass an order in favour of the complainant by awarding Rs.60,000/- with interest.  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.60,000/- to the complainant along with interest at the rate of 9% p.a towards the death of his cow from the date of death of cow i.e., 20.08.2016 till realization.

It is further ordered that, the OPs are hereby directed to pay Rs.5000/- 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 02/08/2018 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. Mallikarjuna Swamy, Executive Engineer (Ele), BESCOM, Chitradurga by way of affidavit evidence.

 

Documents marked on behalf of Complainant:

01	Ex-A-1:-	FIR
02	Ex-A-2:-	Complaint given by the complainant
03	Ex-A-3:-	Spot panchanama
04	Ex.A-4:	Statement of Raghavendra Babu
05	Ex.A-5:-	Statement of Bharateshreddy
06	Ex.A-6:-	PM report
07	Ex.A-7:-	G-Tree
08	Ex.A-8:-	Order of BESCOM

Documents marked on behalf of OPs:

01	Ex-B-1:-	Statement of Thimmaraya
02	Ex-B-2:-	Form-A
03	Ex-B-3:-	Report of Udayakumar, Lineman
04	Ex.B-4:	Statement of Kalash
05	Ex.B-5:-	Sketch of accident spot
06	Ex.B-6:-	Report of Udayakumar, Lineman
07	Ex.B-7:-	FIR
08	Ex.B-8:-	Spot panchanama
09	Ex.B-9:-	Statement of Raghavendra Babu
10	Ex.B-10:-	PM report

 

MEMBER                                                   PRESIDENT

Rhr**