UNION OF INDIA Vs. SOOSANNA ELDHOSE

JUDGEMENT

(1.) Defendants 1 and 2 in O.S, No. 191 of 1996 on the file of the Subordinate Judge's Court, Muvattupuzha are the appellants. The judgment and decree passed in the above suit are under challenge in this appeal.

(2.) Suit was filed by Plaintiffs 1 to 5, who are the legal representatives of one Eldhose, who died due to electrocution at about 3 a.m. on 31-5-1995 in his residence, claiming compensation. The fact that as the telephone was ringing continuously at that early morning on 31-5-1995 when deceased Eldhose took the phone, he suffered severe electric shock and collapsed and he died on the way to the hospital is not in dispute. Plaintiffs contended that the telephone line was crossing all K.V. electric line at that area and due to negligence on the part of the Telecom Department and the Kerala State from defendants 1 and 2, the Union of India and the Telecom Department and no claim was made against the third defendant, the KSEB.

(3.) While defendants 1 and 2 appeared before the lower court and contested the suit, the third defendants has remained ex parte. Defendants 1 and 2 contended that the accident has occurred not due to the negligence or laches on the part of the Officials of the Telecom Department and that the accident has occurred due to the abnormal sagging of the 11 K.V. electric line and touching the same on a drop wire quite accidently and not due to any fault of the Telecom Department but due to the poor installation of the 11 K.V. line. They also contended that the Telecom Department had taken sufficient precaution and it was difficult to provide guarding as the 11 K.V. line was crossing a canal. They further contended that it is clear from Exhibit XI file relating to the enquiry conducted by the Electrical Inspector that the electric post was slanting too much and the 11 K.V. line was sagging. Therefore, they contended that defendants 1 and 2 are not liable for the claim made by the plaintiffs.