SECRETARY, KERALA STATE ELECTRICITY BOARD Vs. MARY

JUDGEMENT

(1.) THIS appeal by the Kerala State Electricity Board (KSEB) is filed challenging the decree for compensation granted in a case of electrocution of two persons.

(2.) A five year old girl child happened to touch a stay wire in the colony where she was residing with her parents. She suffered electric shock. Seeing that, her mother went to save her. Resultantly, the child was saved, but her mother got electric shock. The paternal grandfather of the child, i.e., the father -in -law of the woman, tried to save her. He also got electrocuted. The death of the girl child's mother and her father -in -law is not in dispute. KSEB set up the defence that there were precautionary measures in the form of a board of caution. The court below rightly noted that DW1, the only witness on the side of the KSEB, could not prove it by his testimony. There is no documentary evidence on behalf of the KSEB on that issue.

(3.) ONTO the question of quantum of compensation, the fact that the mother who died has left behind three small children has also been taken into consideration, and the court below has elaborately considered the relevant yardsticks and has granted a total amount of Rs. 10,00,000/ - and has deducted the amounts paid out of the insurance cover. Thereafter, the amount has been apportioned to take care of the interest of all the persons entitled to compensation. We find that there is no ground to interfere with the impugned judgment and decree.