RAJU GOVIND DANSINGANI Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) O.S.A.No.93 of 2011 is filed by the claimant/plaintiff in the Suit in C.S.No.599 of 2007 and O.S.A.No.68 of 2011 is filed by the defendant/Tamil Nadu Electricity Board in C.S.No.599 of 2007. Both the appeals arise out of a common judgment in C.S.No.599 of 2007. Hence, common judgment is passed keeping the status of the parties as given in O.S.A.No.93 of 2011, where the plaintiff/claimant is the appellant.

(2.) The appellant, a B.Com graduate, was working as a Coach on a monthly salary of Rs.30,000/- in M/s.America Online Member Service India Pvt. Ltd. He was posted at Bangalore. On the date of the accident on 09.09.2005, it is stated that the plaintiff had came down to Chennai from Bangalore to take part in the family celebration on 09.09.2005. At about 10.00 p.m., the appellant herein along with his wife went to his sister's house residing at 6th Avenue, Anna Nagar, Chennai. After parking their car, they were walking towards the gate of his sister's house. Suddenly the appellant felt the heavy fall of an electric pole on the left side of his head and shoulder and on its impact, he fell unconscious. Thereafter, he was rushed to Sundaram Medical Foundation Hospital in Anna Nagar. The appellant is stated to have regained consciousness only on 11.9.2005. The medical report of Sundaram Medical Foundation reveals that the appellant was unconscious with amnesia after the incident; he suffered fracture on the surgical neck of left humerus; bleeding from the nose and right ear; abrasion and hematoma behind the right ear; contusion on the left side of the back. The CT Scan of the brain showed extensive subarachnoid air-fracture through sinus and skull fractures and in the skull fracture blood was found in sphenoid sinus. So too blood had passed through the sinus fracture and extensive subarachnoid in his ear. The appellant was transferred to Apollo Speciality Hospital for stereotactic surgery on 14.10.2005 to drain an entrapped left occipital horn. From 15.10.2005 to 23.10.2005, he was given treatment there. On 12.12.2005, the appellant was discharged from the hospital and was directed to continue the treatment as out-patient. It is stated that the appellant had to have a shunt dependent, meaning thereby, a special surgery done to fix the drain near the ear. Admittedly, the appellant was paid a sum of Rs.50,000/- from the Chief Minister's Relief Fund as an immediate solatium. The appellant also states that after nearly four months, he reported work. However, he could not discharge his duties on account of the frequent loss of memory. Thus he resigned his job on 8.2.2006. Considering the difficulty in hearing, he was referred to Shreya Hearing Clinic for conducting Audio Metric Tests, which also showed hearing loss in the left ear. Apart from that, appellant is also stated to have undergone Neuro Psychological Assessment Tests on 22.3.2006, which revealed loss of memory, both verbal and visual. The appellant's visual integration on object assembly and learning and memory for visual stimuli were affected. Thus according to the appellant, he had to tender his resignation on account of the defective hearing as well as frequent memory loss. It is stated that he also suffered from frequent epileptic attack and was admitted into National Institute of Mental Health, Bangalore, where he was advised to undergo Sodium Valporate Test every month to check his serum valporate and phenytoin levels to prevent further seizures. It is stated that the appellant is always under medication.

(3.) The sum and substance of the appellant's case is that the accident is one caused by the negligence of the respondents; that while providing for underground cable, the respondents had failed to remove the post, which was standing without any stay wire. Thus the respondents were also negligent in observing necessary precaution for securing the post from falling. In the circumstances, the accident had occurred purely on account of the negligent conduct of the respondents' Department wherein the appellant had serious injuries resulting in permanent disability, thereby affecting his income earning capacity to have a quality living. Alleging negligence, the appellant herein filed a Suit seeking compensation under various heads and quantified the compensation payable by the respondents at Rs.85,90,000/-.