K V NARASAPPA Vs. KAMALAMM

JUDGEMENT

(1.) Defendant 1 in the suit out of which these appeals arise, was a building contractor in Shimoga. Under an agreement executed between him and the State Government on March 22, 1957, he undertook to construct a new receiving station in the electric colony at Shimoga. This construction involved the casting of a reinforced cement concrete beam 60' in length, and for this purpose two stone pillars were erected at each end, and the casting of the beam commenced at 9 a.m. in the morning on November 29, 1957. At 6 p.,. in the evening after the casting had been completed over a length of 45' and when the top layer with respect of to the remaining 15' was being laid, the beam came down pulling down along with it one of the stone pillars on which it was intended to be rested. Three workmen who were employed by the defendant in the casting of the beam were killed, when the pillar came down upon them and Venkatarmiah was one of those workmen.

(2.) The suit out of which the appeal arises was then brought by Venkataramiah's wife who is plaintiff 1 and his two sons who are plaintiffs 2 and 3 for the recovery of a sum of Rs.10,000/- as compensation. The suit was brought against defendant 1 and against defendant 2 which is the Mysore State Electricity Board to which the Department of Electricity of the State Government was transferred by an order made by Government on September 27, 1957 under the provisions of the Electricity Supply Act.

(3.) The plaintiffs imputed negligence to both the defendants. They stated that the beam came down on account of the defective material and carelessness in the construction of the beam. But the defendants resisted the suit on the ground that every reasonable precaution had been taken by both the defendants for the construction of the beam. The State Electricity Board, in addition, raised a contention that the accident was "due to the sudden coming down of the lintel beam during concreting" and that the contractor defendant 1 was exclusively responsible to pay the compensation which could properly be claimed by the plaintiff