MANAGING DIRECTOR Vs. BHUWAN PANT

JUDGEMENT

(1.) This is a defendants' First Appeal, wherein, the defendants have questioned the judgment and decree dtd. 6/5/2013 and the decree dtd. 14/5/2013, by virtue of which the Civil Suit No. 90 of 2009 'Bhuwan Pant vs. Chairman and Managing Director, Uttarakhand Power Corporation Ltd.', had been decreed for the payment of compensation to the petitioner who was injured due to electrocution and the total amount thus payable, which has been determined by the Trial Court was Rs.4,84,882.00, which was determined to be payable to the plaintiff decree holder along with the interest of 12 %, which was being imposed by the Civil Judge (J.D.), Haldwani.

(2.) Briefly put the case as pleaded by the plaintiff in the Suit preferred before the Civil Judge (S.D.), Nainital, on 10/8/2008 was that he had contended that on 2/1/2006, in the morning at about 10:00 AM when the plaintiff was at his home at Gali No. 5, Malla Lohariyasaal, Uncha Pul, Haldwani, District Nainital, near the boundary of his house in the corner there was a dish cable, which was attached to his terrace. On account of the level of 11 K.V. line, which was a town feeder line provided by the respondent, it was so low in height that it got in contact with the dish installed at the terrace of the residence of the plaintiff due to which apart from the fact that various electrical appliances got damaged. Besides this, when the plaintiff had made an attempt to get power again being flowed by the aforesaid cable he attempted to disconnect the supply of electricity, its at that point of time, that he got electrocuted and was grievously injured. Immediately the plaintiff was rushed to Sushila Tiwari Memorial Hospital, and after providing initial treatment looking the Doctors attending upon him considering the seriousness of the injury suffered due to electrocution, which he has suffered due to which his right shoulder was completely affected. He was referred to Safdarganj Hospital, New Delhi, its where his right hand was amputated from below the elbow joint.

(3.) The case of the petitioner was that prior to the occurrence of the said accident on 2/1/2006, even much earlier by various correspondences, which was being made by the family members of the plaintiff/respondent with the respondents, they have been consistently praying, the defendants/appellants to rearrange the 11 K.V. power line in the manner, that it is kept at a certain height above his residence and is not below the accessible or is not in situation to get in contact with the person or any living creature coming on the terrace.