E.V. JOSEPH Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The appellant claimed an amount of Rs. 3,25,000/- as damages through O.S. 111 of 1990 of the Subordinate Judge's court, Cherthala, consequent to the injuries sustained to him on getting electric shock. The Court below has decreed the suit, for an amount of Rs. 35,000/- only as compensation to be realized from the respondents/defendants. Dissatisfied with the impugned decree and judgment, the plaintiff has come up in appeal. The case of the appellant is that an old electric post of the Thycattussery section of the Kerala State Electricity Board (K.S.E.B.) became in a leaning position thereby the electric wire connected with it became swinging and was about to touch the soil surface. On 20.2.1990, the appellant who is a carpenter by profession while going for his works at 8.45 a.m., got electric shock on his left thigh from the swinging electric wire thereby the flesh on his left thigh became seriously burnt and damaged. The condition of the appellant was very serious and at first he was taken to the Government Hospital, Thycattussery from where he was referred to the Taluk Headquarters Hospital, Cherthala, where he had undergone treatment as inpatient for the period up to 18.4.1990. He was subjected to a major surgery and skin grafting. The flesh on his left thigh which became damaged had to be removed, which has ultimately resulted in his becoming partially and permanently disabled.

(2.) The respondents contended that it was not due to the swinging state of the electric wire the accident had occurred; and that the electric line was in proper condition. According to the respondents, a coconut leaf fell on the single phase service line at 6.45 a.m. on 20.2.1990, thereby the electric wire snapped and the live wire was hanging from the cross arm of the electric post. At about 8.45 a.m. a girl named Kunjumol while going for fetching water came into contact with the live wire and got electric shock. On hearing her cries, the appellant rushed to the spot and tried to detach Kunjumol from the electric line without sufficient protection and thereby he also got electric shock. It was also contended that the amount claimed by the appellant is exorbitant.

(3.) On the side of the appellant, P.Ws. 1 to 5 were examined before the court below and Ext. A1 was marked. The respondents have not adduced any evidence. The court below has rightly found that the respondents are liable to compensate the appellant. The case of the appellant is that he came into contact with the swinging electric line which was lying just above the ground at the pathway while he was going for his works and thereby he sustained electric shock. The contention of the respondents is that one Kunjumol got electric shock from the electric wire hanging from the arm of the electric post, as it snapped due to the falling of a coconut cadjan, and on hearing her cries the appellant rushed to the spot and tried to detach the said Kunjumol from the live electric wire and thereby the appellant also got electric shock. In either case, it does not make any difference at all regarding the liability of the respondents to compensate the appellant.