KERALA STATE ELECTRICITY BOARD Vs. KUNJUMOL N.A.

JUDGEMENT

(1.) THIS appeal comes up with an application seeking condonation of delay of 124 days. Appeal is by the Kerala State Electricity Board, for short, the 'Board', against a decree for compensation granted on a case of electrocution.

(2.) THE death is not disputed. The leakage of supply through the post to which the deceased came into contact is not in dispute. Board contended that many people used to move aside the electric post which is in a busy area and therefore, it cannot be assumed that the death was caused due to electrocution. On the basis of the postmortem report and other relevant materials, the court below concluded that in this matter the doctrine of strict liability applies, -see for support, W.B. SEB v. Sachin Banerjee : [(1999) 9 SCC 21], M.P. Electricity Board v. Shail Kumari : [(2002) 2 SCC 162] and Varghese and another v. K.S.E.B. [ : ILR 2013 (2) Ker. 99]. We find no reason to disagree on that.

(3.) FOR the aforesaid reasons, the application for condonation of delay is dismissed.