ANITHA Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This appeal is for enhancement of compensation at the instance of legal heirs of Balachandran who died in an electrocution on 07.08.1998. His widow, two minor children and mother are the plaintiffs. The court below awarded a compensation of Rs. 88,000/- as against the claim of Rs. 3,00,000/-. The question of liability imposed by the impugned judgment has not been contested by the Kerala State Electricity Board, hereinafter referred to as the "Board", by filing an appeal.

(2.) The deceased Balachandran was a vegetable vendor. His widow testified that he was having an income of Rs. 6000/- per month from the sale of vegetables. He was aged 40 at the time of electrocution. The court below did not rely upon the oral testimony of the widow as to the monthly income of Balchandran and for want of any other documentary proof, assessed the compensation at Rs. 88,000/-. In that exercise of working out the compensation, the court below did not assign any reason for calculating compensation at Rs. 88,000/-.

(3.) Before us, the learned counsel for the appellants Shri Kaleeswaram Raj addressed this appeal on two grounds. One is regarding the inadequacy of the compensation. According to him, the court below went wrong in not accepting the oral evidence of the widow, who is a competent witness to depose on the income of the husband. He also refers to the report of the District Collector submitted before the court below in an enquiry under Order XXXIII of the Code of Civil Procedure for proof of income. According to the learned counsel, the court below cannot expect a small vendor like Balachandran to have an income tax certificate to prove his income. The other ground on which he assails the decree is for restricting the interest awarded in the suit from the date of suit. The learned counsel submits that the plaintiffs are entitled to compensation with interest from the date of accident.