VAVA Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This appeal is at the instance of the plaintiffs in O.S.No.34/2010 on the file of the Sub Court, Kattappana, who are the legal heirs of one Prasanth, who died in electrocution on 24.01.2006. The plaintiffs 1 and 2 are the parents and the third plaintiff is the brother of the deceased. The court below dismissed the suit on the ground that the suit is barred by limitation. Challenging the judgment and decree, this appeal is filed.

(2.) The deceased Prasanth was employed with the third defendant in the suit for doing decoration work on contract basis. On 24.01.2006, he, along with his co-workers were engaged by the third defendant, to remove the arch erected across Adimaly-Chinnar PWD Road at Kambilikandam. The arch was erected there in connection with the reception of the Minister for Electricity, who had come there to inaugurate a Sub Station of the KSEB at Kambilikandam. While the said Prasanth along with his co-worker Dinesh were removing the arch, they came into contact with a 11 KV overhead electric line, which passed across the road and consequently, Prasanth was electrocuted. His co-worker also sustained burn injury due to the electric shock. In the suit, the plaintiffs claimed a compensation of Rs.4 lakhs from the defendants. In the suit, besides the KSEB, the State of Kerala and the employer of the deceased Prasanth were arrayed as defendants. The State of Kerala was set ex parte.

(3.) The court below, after adverting to the pleadings and evidence came to the conclusion that the plaintiffs are entitled to a compensation of Rs. 3,40,000/-. The court below entered into a definite finding, that is, on account of the negligence of the officials of the Board, the accident occurred resulting in the death of Prasanth. The court below also found that the third plaintiff in the suit, the brother of the deceased is not entitled to any compensation under the Fatal Accidents Act, 1885 (hereinafter referred to as, the "Fatal Act").