CAITANO DE MELLO Vs. MERIDIAN ELECTRICAL ENGINEERING CO

JUDGEMENT

(1.) This is a suit by the plaintiff for compensation from the defendants or either of them under Act XIII of 1855 for the death of his son, who was a youth of eighteen, on July 6, 1922. The essentials for such an action are laid down in Section 1 of the Fatal Accidents Act which requires that the wrongful act, neglect or default which causes death must have been such, as, if death had not ensued, would have entitled the party injured to maintain an action and recover damages in respect thereof, and the Act gives a right to recover such compensation to the representatives of the deceased person.

(2.) Now, I have attempted to give my close attention to the facts of this case not only because the plaintiff obtained leave to sue as a pauper but also because I think he has some ground for complaint in the fact that his suit has been so long pending. The suit originally came before me in April 1925 and then issues were framed, and the evidence of a witness was ordered, to be taken de bene esse. I then went on furlough and, for some reason or other, the suit did not appear on the daily board until after my return to India.

(3.) The first defendant Company is owned by the witness Andrew M. D Mello who carries on the business of electric installation, etc., and at the time of the incident in question the plaintiff's deceased son was in his employment. A question which I will have to decide is whether Anthony D Mello, the plaintiff's son, was at the time of his employment with the first defendant Company merely an apprentice who was learning the work of an electrician, or whether he was engaged as a wire-man capable of doing duties as such? The second defendant Company is an Electric Company holding a license dated 1905 granted by Government under powers conferred by Section 4(1) of the Indian Electricity Act of 1903 which is superseded by the present Act of 1910. As such they have established what are known as "aerial lines" throughout the city of Bombay. An aerial line is defined by Section 2(a) of the Act and by the rules under the Act (especially Rule 62, Clause 4) certain precautions have to be taken by the Company for the purpose of protecting the public.