CHIEF GENERAL MANAGER Vs. REHANA BEGUM

JUDGEMENT

(1.) This is an appeal filed by the opposite parties assailing the order of the District Forum that imposed liability against them to a tune of Rs.30,000/- with interest at the rate of 9% p.a. and also costs of Rs.1,000/-.

(2.) The facts of the case stated briefly are as follows:

(3.) The complainants, mother and her minor son, claimed to have visited on 4-9-2004 the house of the first complainants husbands brother by name, Mujahid Khan residing in the house bearing No. 6-1-186/A of one Pappula Ganga ram situated at Pochammawada, Jagtial, as a tenant, during the year 2003-2004. It appears the second complainant, a child of 11 years had gone to the top of the building to play with kites. There his kite was stuck up with live electric wires. He tried to retrieve his kite but soon, there was a big bang and the power was cut off. Soon the locality people came out and found that the boy caught amidst intense sparks and flames. He was thrown down on the floor inside the parapet wall with his left hand burnt and other parts of body also burnt. He became unconscious. It is the case of the complainant that the live wires that were running there were very close to the parapet wall and they did not have any plastic insulation. The child engrossed in his play came in contact with the live wires and was consequently electrocuted and as a result he received severe injuries. The complainant No.2 was taken to Government Area Hospital at Jagtial, where the doctor advised him to shift to the General hospital at Hyderabad. The first complainant could not afford to take him to Osmania General hospital but got him admitted in a private hospital by name Sri Lakshmi Nursing home at Jagtial. The doctor treated the complainant No.2 till 3-11-2004. The complainant No.1 claimed to have incurred an expenditure of Rs. Rs. 15,000/- and Rs.10,000/- totalling to Rs.25,000/- during the treatment period from 4-9-2004 to 3-11-2004. It is the further case of the complainants that the accident occurred due to the gross negligence on the part of the opposite parties who allowed the live wires to pass very near to the building. She claimed amounts of Rs.1,00,000/- by way of compensation, Rs.50,000/- for damages and Rs.25,000/- towards medical expenses.