Before the District Consumer Disputes Redressal Forum, Rohtak.

                                                          Complaint No. : 570.

                                                          Instituted on     : 29.09.2017.

                                                          Decided on       : 21.01.2019.

1.       Ashish son of Sh. Ashok Kumar, R/o Ismalia 9-B, being minor son, through his father/Natural Guardian.

2.       Ashok Kumar son of Sh. Kali Ram, R/o Village Ismaila 9-B, Tehsil Sampla, District Rohtak.

                                                                    ………..Complainant.

                             Vs.

1.       Executive Engineer, Operation Divn. No. 2, UHBVN, Rajiv Gandhi Bhawan, Power House, Model Town, Rohtak.

2.       Uttar Haryana Bijli Vitran Nigam Ltd. through its Sub Divisional Officer, Sampla, District Rohtak.

……….Opposite parties.

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   SMT. SAROJ BALA BOHRA, MEMBER.

Present:       Sh. S.S. Malik, Advocate for the complainant.

                   Sh. Sanjay Hooda, Advocate for OPs.

                                      ORDER

NAGENDER SINGH KADIAN, PRESIDENT:

1.                          Brief facts of the case are that on 05.06.2017 at about 08.00 p.m., Ashish son of Ashok Kumar went to his field for irrigating the crops. One supporting wire of electric pole was not properly tied but it was tied to a nearby tree in violation of electricity safety norms. Ashok Kumar reminded about this supporting wire so many times to the JE, SDO, Sampla, but they gave no attention towards this. The alleged supporting wire after touching with the live wire, fell on back body of Ashish and he was electrocuted. Due to this, his back was completely burnt, his left hand and left leg were also burnt and he was injured seriously and become unconscious. It was all due to the negligence of the electricity department. Regarding alleged accident an FIR No. 311 dated 21.06.2017 was got registered in PS Sampla after his discharge from hospital. The complainant/Ashish was taken to Sunflag Global Hospital, Rohtak on 05.06.2017 and was operated many times. He was discharged from the hospital on 09.06.2017 and his treatment is still going on. That the complainant incurred an expenditure of about Rs.2,00,000/- on his treatment and medicines etc. The complainant contacted the OPs for the amount of compensation but any heed was not paid to his requests. That the act and conduct of the OPs is illegal, arbitrary and against the natural justice. On 17.08.2017, the complainant also served a legal notice to the OPs but to no effect. Hence this complaint and it is prayed that OPs may kindly be directed to pay Rs.12,00,000/- as compensation on account of the injuries sustained to the complainant and wasting precious year of meritorious student alongwith interest @ 18% per annum from the date of said accident till the date of actual realization and litigation expenses as explained in relief clause.

2.                          After registration of complaint, notice was issued to the opposite parties. Opposite parties in its reply has submitted that the accident took place due to negligence of complainant. FIR was also got registered on the basis of false and fabricated facts and complainant got prepared the MLR in his favour falsely. It is also submitted that in fact, a stay was tied from top of the 11KV pole to a tree, was lying on the ground which was cut in the middle. The pole side edge of stay wire was got touch with the jumper at the pole due to which the complainant was electrocuted. A stay wire was provided for that pole but the same was cut, due to which the sag was got loose. The OPs sent an additional pole at the site to provide in the middle of span but the owner of the land did not allow to install the pole. Due to which the OPs got provided a temporary stay from pole to the tree. It is also submitted that there was no complaint received by the OPs regarding leakage of electricity through stay wire on existing pole. So there is no negligence on the part of the OPs for the alleged accident and the complainant is not entitled to any compensation. All the other contents of the complaint were stated to be wrong and denied and OPs prayed for dismissal of the complaint with costs.

3.                          Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C48 and has closed his evidence on dated 28.08.2018. Statement of Dr. Vikas Dagar, Sunflag Hospital Rohtak was also recorded on dated 03.01.2019. Ld. counsel for the OPs has tendered affidavit Ex.RW1/A and documents Ex.R1 to Ex.R4 and has closed his evidence on dated 26.10.2018.

4.                          We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.

5.                          After going through the file and hearing the parties it is observed that as per copy of complaints Ex.C5 to Ex.C7 the electricity wires were not properly maintained by the opposite parties and due to which the electricity wire fell on the back body of the complainant No.1 and this fact is also proved from the copy of FIR Ex.C3, and photographs Ex.C33 whereby the cause of injury/burning of body of complainant no.1 is due to electrocution.  As per the report Ex.R1, copy of statements Ex.R2 and Ex.R4 of the opposite parties, it is admitted by the OPs that a temporary stay from pole to the tree was got provided. The pole side edge of the stay wire was got touch with the jumper at the pole due to which the Ashish Kumar got electrocuted while working in the field. Hence it was the duty of opposite parties to do the permanent arrangement of the loose wires but the same was not done.  Hence in view of the documents placed on record by both the parties it is proved that Sh.Ashish suffered injuries due to electrocution. In this regard reliance has been placed upon the law cited in III(2010) CPJ 198(NC) titled DHBVNL Vs.Vidhya Devi  whereby Hon’ble National Commission, New Delhi has observed that “Petitioner transmits energy, has duty to ensure safety and security of persons, animals and other objects-Loose, exposed wire causes damages-Petitioner held liable to compensate losses”, as per II(2013)CPJ 321(NC) titled Dakshin Haryana Bijli Vitran Nigam Ltd. & Anr. Vs. Parmila Devi & Ors. Hon’be National Commission has held that: “Accidental  Death-Improper insulation of live wire-Appellant-Nigam are responsible since they are required to ensure that such installations are properly and securely maintained so that there are no safety hazards to consumers/public”.

6.                          In view of the aforesaid law which are fully applicable on the facts and circumstances of the case it is observed that there is deficiency in service on the part of opposite parties. As such they are liable to compensate the complainant. Now on the quantum, it is observed that as per copy of medicine bills Ex.C8 to Ex.C28, Ex.C37 to Ex.C45, he spent an amount of Rs.75000/- approx. on medicines and medical bills etc., as per receipt Ex.C46, Rs.20000/- on transportation from Ismila to Rohtak and Rs.20000/- on Nursing and attendant. Complainant has also sought an amount of Rs.93500/- on account of good diet from June 2017 to April 2018 @ Rs.8500/- per month. Beside this he is also entitled for compensation on account of mental agony, pain & sufferings and loss of studies. At the time of filing the case also, he was under treatment and as per statement of Dr. Vikas Dagar, Sunflag Global Hospital, Rohtak  dated 03.01.2019, now the wound has been healed but some problem may occur to serve in Army or Police Force. Hence in our view it is justified to pay a lump sum compensation of Rs.400000/-(Rupees four lacs only) on account of medical treatment, nursing and attendant, transportation, good diet, loss of studies as well as on account of mental agony and harassment etc. At the time of filing the complaint, Ashish was minor and as per copy of Aadhar Card Ex.C31, his year of birth is 2000 and he is major now. 

7.                          Accordingly we hereby allow the complaint and it is directed that the opposite parties shall pay Rs.400000/-(Rupees four lacs only) alongwith interest@ 9% p.a. from the date of filing of the present complaint i.e. 29.09.2017 till its actual realization and shall also pay a sum of Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant No.1 within one month from the date of decision.

8.                                Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

21.01.2019.

                                                          ................................................

                                                          Nagender Singh Kadian, President

                                                                                                                                                ……………………………………………….

                                                                                                                                    Saroj Bala Bohra, Member.