AMBIKA PRADHAN Vs. CHAIRMAN ORISSA STATE OF ELECTRICITY

JUDGEMENT

(1.) Unsuccessful plaintiffs in Money Suit No. 40 of 1987 of the Court of the Subordinate Judge, Bolangir, are in appeal against the judgment and decree whereby their claim for compensation of Rs. 1,44,000 has been dismissed.

(2.) Plaintiff No. 1 is the widow, plaintiff No. 2 is the son and plaintiff No. 3 is the mother of late Gopal Pradhan (hereinafter referred to as 'the deceased'). They filed the suit in a form which is usually in claim cases under the Motor Vehicles Act, claiming compensation of Rs. 1,44,000 for the death of the deceased due to electrocution. Their case, in short, was that on 5.2.1985 on account of heavy rain and cyclone the electric line snapped and was lying on the ground. The deceased while going to his land came in contact with the live wire as a result he died. The monthly income of the deceased was Rs. 450 with which he was maintaining himself and the plaintiffs, his dependants. Since the Orissa State Electricity Board (for short, 'OSEB') being the supplier of electric energy failed to maintain the line properly and because of its negligence the live wire was snapped resulting in the death of the deceased, the plaintiffs filed the suit for compensation.

(3.) The defendants in para 2 of their written statement admitting the death of the deceased due to electrocution pleaded, inter alia, that due to heavy storm the low tension line was snapped and the deceased knowing the consequences came in contact with the said wire and met his death. They further pleaded that the deceased died due to his own negligence and that they were not responsible for his death. As to the income of the deceased their case was that he was earning Rs. 100 and not Rs. 450 per month.