KERALA STATE ELECTRICITY BOARD Vs. CHANDRIKA

JUDGEMENT

(1.) DEFENDANTS in a suit for compensation on account of electrocution are the appellants with an application seeking condonation of delay in the institution of this appeal.

(2.) KSE Board set up the defence that the electric supply line broke down due to heavy rain and wind and that was unexpected. Such a plea in relation to a 11 KV line cannot be accepted on the face of the doctrine of strict liability which applies to this case. 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].

(3.) WE looked into the aforesaid facts and materials, notwithstanding the fact that this appeal is filed with an application seeking condonation of delay of 1358 days, supported by an affidavit stating merely reasons which are attributable to administrative causes. We see that there is no merit in the appeal or any cause, much less, sufficient cause, to condone the enormous delay.