THE SECRETARY, KERALA STATE ELECTRICITY BOARD Vs. SASIDHARAN

JUDGEMENT

(1.) THIS appeal is filed by the Kerala State Electricity Board (for short, the "Board"), challenging the judgment and decree in a suit for compensation on account of the death caused to one Kalyani, due to electrocution.

(2.) THE plaintiff in the suit is a mentally disabled person and the only son of the deceased Kalyani. The brief plaint allegations are as follows. The deceased Kallyani was employed at the first defendant's house as a domestic servant. The first defendant had put up a temporary shed adjacent to his shop building. Electricity was supplied to the temporary shed by drawing an unauthorised connection from the shop building. The supply wire was drawn without any safety precautions. Thus, the deceased Kalyani, while removing the waste inside the shed came into contact with the electric line, illegally drawn to the temporary shed and breathed her last breath due to the electrocution.

(3.) THE Electricity Board, the second defendant in the suit, contended that the Board has given electric connection to the shop named 'Sakeena Store' on the application made by the first defendant and the deceased Kalyani accidentally touched the earth wire, which was installed for providing electric supply to the shop and got electrocuted. It is also stated that the insulation of the supply wire in the shop room was torn and had come into contact with the earth wire. It is further stated that the earth wire was found detached from the earth pipe and the deceased Kalyani came into contact with the earth wire by her own negligence and got electrocuted.