LAWS(KER)-2006-11-246

KRRALA STATE ELECTRICITY BOARD Vs. JAYAPALAN

Decided On November 16, 2006
KERALA STATE ELECTRICITY BOARD Appellant
V/S
JAYAPALAN Respondents

JUDGEMENT

(1.) THIS appeal arises from the judgment and decree passed by the Subordinate Judge, Thalassery in o. S. No. 3 of 1996. The suit had been filed by the parents of deceased M. Reshma, who had been electrocuted on 14. 3. 1995. At about 3. 30 p. m. on the day she had trod upon a live electric wire, which was lying on the ground, near her residence unaware of what lay in store.

(2.) THE plaintiffs had contended that the kerala State Electricity Board had failed to take reasonable care/precaution in the installation and maintenance of electric lines and were responsible for the tragic loss which befell on them. The minor girl, who was a high school student, possessed leadership qualities and the loss of expectation which had resulted because of the accident, according to them, required to be compensated. Claim was for payment of rs. 3,00,000 coming under various heads. A decree had been passed on 25. 8. 2000, awarding Rs. 2,00,000.

(3.) AT the time of admission, an interim order had been passed. Thereby the appellants were directed to deposit Rs. 1,00,000 towards the decree amount in the court below and the respondents were permitted to withdraw such sum.