VESTAS RRB INDIA LTD. Vs. K. RAMASAMY

JUDGEMENT

(1.) Aggrieved over the decree and judgment of the learned trial Judge, decreeing the suit for a sum of Rs.5.00 lakhs towards damages to the plaintiffs for the loss of life of the minor due to electrocution, the present appeal came to be filed by the defendants 1 and 2. Defendant No.3 has not filed any appeal against the decree and judgment of the trial Court. The parties are arrayed as per their own ranking before the trial Court for the sake of convenience.

(2.) Brief facts of the plaintiffs' case is as follows :- The plaintiffs are the father and mother of minor R. Chinnasamy, residing in Indra Nagar Harijan Colony, Annupatti, Palladam Taluk, Coimbatore. The first defendant is a public limited company engaged in the supply, erection installation and operations of wind mills for the purpose of generation of electricity. The second defendant is the site office of the first defendant at Plladam. The third defendant is engaged in the business of maintenance of Wind Mills at Annupatti, Palladam. The first and second defendants had erected and installed several wind mills in the open field to an extent of about 100 Acres and the same were being maintained by the third defendant. There are several dwelling houses adjoining the above open field. On 21.04.2006, at about 5.00 p.m. their minor son R. Chinnasamy along with two other minor children while playing in the open field unexpectedly came into contact with the wire in the panel control device, as a result of which, they suffered severe burn injuries through electrocution, due to negligence on the part of the defendants 1 to 3 in keeping the entrance gate of the panel control device room open and un-manned by security personnel and without fencing the area. In spite of the best efforts taken by the plaintiffs and best treatment given to their son R. Chinnasamy, he succumbed to burn injuries and breathed his last on 9.9.2006 at Coimbatore Medical College Hospital. Hence, they claimed compensation for a sum of Rs.25 lakhs.

(3.) The third defendant remained ex parte. It is the case of the defendants 1 and 2 is that they were made as unnecessary parties. It is the case of the first defendant that they are only manufacturers of Wind Electric Generators and also giving comprehensive solutions to those intending to set up those wind power generation forms. Besides supply of Wind Eclectic Generators, the first defendant also undertaken commissioning operation and maintenance of Wind Electric Generators for his customers. Typically in the business of Wind Energy, it is the manufacturer which supplies the WEGs, and also erects and commissions the same and thereafter, operates and maintains the WEGs. This typically takes the form of a EPC contract. The defendant No.3 the owner of the Wind Mill had approached the defendant No.1 for supply of two numbers of Vestas type V39-500 KW WEGs with 47 Mtr. Rotor dia, 50Mtr. Tower height along with accessories to be installed in Palladam, Coimbatore District vide Purchase Work Order, Erection and Commissioning Order all dated 24.01.2006. Accordingly, the defendant No.1 had supplied two numbers of Vestas type V39-500 KW WEGs with 47 Mtr. Rotor dia, 50Mtr., after receiving the consideration for each of the orders. The defendant No. 3 also signed a Power Purchase Agreement with the Tamil Nadu Electricity Board and there was also wheeling agreement for dealing with the Power Generators from the WEGs executed between the aforesaid parties.