K S E B Vs. KALI

JUDGEMENT

(1.) This is an appeal by the defendant. Defendant is the Kerala State Electricity Board, represented by its Secretary, Trivandrum. Plaintiffs are the widow and children of one Ayyappan. Ayyappan died on 12-10-1977 as a result of electrocution. The accident occurred as a direct result of the rash and negligent acts, and omissions on the part of the defendant

(2.) On 12-10-1977, at about 6 A.M. deceased Ayyappan was proceeding to his place of work. He came into contact with a live wire lying across the road and that resulted in the death of Ayyappan. The fact that a live wire was lying across the road, which would cause injury to those who are walking across the road, was intimated to the Mala division of the first defendant - Electricity Board - by the local citizens on 10th and 11th. The servants of the Board did not switch off the supply when the incident took place.

(3.) Deceased Ayyappan was earning an income of Rs.20/- per day, being a daily labourer. He was aged 57 and he would have earned his daily wages at least for 13 years more. He was paying Rs. 15/- per day for the maintenance of his family. Plaintiffs claim Rs.70,200/- as pecuniary loss occasioned on account of the death of Ayyappan. They claimed Rs.5,000/- for the loss of expectation of life, pain and suffering. They also claimed Rs.500/- for funeral expenses.