K S E B Vs. KAMALAKSHY AMMA

JUDGEMENT

(1.) One Krishnan Nair alias Appu Nair was a member of the Piravom Panchayat. He left his house during the early hours on 13-12-1982 to have a dip in a nearby canal, without any premonition that he would be entrapped by the death warrant so imminently. A live wire, snapped out of the cup joint on an electric post, was lying on the road and Krishnan Nair accidentally came across with the live wire and he slumped down and breathed his last. Thus his life was snuffed in a trice. His aged mother, his widow and children initiated action against the Kerala State Electricity Board (for short the KSEB.) for damages on account of his death, alleging that the K S E B. was negligent in maintaining the electric line under their management on the route concerned. The Trial Court accepted the case and gave a decree for Rs. 75,000/- with interest and costs. The KSEB., aggrieved by the aforesaid decree, has filed this appeal.

(2.) The plaint averments show that Krishnan Nair was a man of good health, doing business in textiles, provisions and general goods, besides running a rice mill, and was earning fairly good income with which the members of his family were getting on well and his five children were prosecuting their studies. He was electrocuted some time soon after 5.30 a.m. on 13-12-1982 when be was going for a bath in the Lift Irrigation Canal situated nearby. The electric wire got snapped from the cup joint due to lack of proper care and maintenance. Thus the plaintiff claimed damages from the KSEB. on the ground of negligence on the part of the latter who was in charge of the control and management of the power supply in the route concerned. According to the plaintiffs, the deceased was getting an average of Rs. l,000/-per month besides Rs. 75/-per month as sitting fee being a member of the Panchayat. The entire family was depending on the deceased for the livelihood of its members and for the educational expenses of the children. Hence, the claim for Rs. 75,000/- was made in the plaint.

(3.) In the written statement, the K S E B. admitted that Krishnan Nair died at the time and on the date alleged, but they denied that he was electrocuted. They also denied negligence on their part and claimed that the electric installations under their management were regularly and properly maintained, adopting all safety methods and precautionary measures. According to the KSEB. Krishnan Nair did not have any income at all and he was only "an unemployed politician". The amount of damages claimed is highly exorbitant and inflated, contended the KSEB.