MATHEW VARGHESE Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The original appellant filed a suit claiming compensation against the Kerala State Electricity Board (hereinafter referred to as the "Board"), on account of injuries sustained by him. The suit was dismissed for want of proof of negligence against the Board. The original appellant died and his legal heirs are now impleaded as additional appellants 2 to 5.

(2.) We have heard the learned counsel for the appellant and the learned standing counsel for the Board.

(3.) The alleged incident occurred on 23.4.1999, while the original appellant/plaintiff was riding a Suzuki Motor Cycle along M.C. road from Kottayam to Changanassery. According to the plaintiff, a stay wire of the nearby electric pole, removed from the pole, was lying loose on the eastern side of the road and his left foot got entangled in the loose wire and, on account of the impact of the accident, it severed at midtarsal joint. The Board denied the cause of the accident. The plaintiff relied on Ext. A17 F.I. Statement, Ext. A18 Mahazar, Exts. A25 and A25(a) photographs and negative and Exts. A14(a) and A15 reports in the news papers to prove the cause of the accident. The court below while dismissing the suit relied on Ext. A19 refer report in Crime No. 300 of 1999 of the Changanassery Police Station. In the report, it is stated that the plaintiff was riding his motor cycle and while giving side to the KSRTC Bus, the motor cycle moved to the left side and as a result of such diversion, it ran over the heap of rubbles which was lying on the side of the road for the purpose of tarring. The court also relied on Ext. B1. Ext. B1 is an application for loan filed by the plaintiff's father, who was employed under the Board, wherein he has stated that his son had sustained injuries due to road accident.