MAHABUBNAGAR CITIZENS COUNCIL Vs. DIVISIONAL ENGINEER APSEB

JUDGEMENT

(1.) C. D. NO.360/91was filed by Mahabubnagar Citizens Council, through its President against the Divisional Engineer, Electrical Operation, A. P. S. E. B. Mahabubnagar, against the order dated 19.10.1991 in C. D. No.81/90on the Hie of District Forum, Mahabubnagar. The complainant's case is that the consumer is an agriculturist having electric power connection No.75 in his land in Survey No.443. In this land, there is an electric R. C. C. pole to connect the power pump set and that the pole was having a stay wire to support the pole, but it was not having any porcelain joinder to prevent the passing of the electric supply to earth in case of short circuit of the electric wire. That on 9.6.90 at about 3.00 p. m. when the consumer and one other person were doing work in the agriculture land, one bullock got into contact with stay wire and as the electric power was passing through the stay wire, due to which the bullock fell down, and it can be removed with the help of neigh hours with a rope and by that time the bullock was dead.

(2.) As the bullock died on account of the electrocutin and as the consumer is the owner of the bullock and suffered loss due to the death of the bullock and as he could not immediately purchase another bullock to cultivate the land, he suffered a great loss, he therefore, filed the complaint for compensation.

(3.) Post mortem examination was conducted by the Medical Officer, Veternity hospital and issued a certificate. There was a report also submitted by the Sarpanch Grampanchayat Yenugonda and the S. I. of Police, Rural Police Station, Mahabubnagar was also informed. Due to the negligence of the helper, the procelai joinder was not fixed to the stay wire and that therefore the electric power passed through the stay wire and that after repeated requests, the stay wire was changed. On account of the aforesaid deficiency on the part of the Electricity Board to take appropriate care and on their failure to fix the line joinder, the aforesaid incident occurred and the consumer claimed Rs.3,000/- being the cost of the bullock and Rs.11,000/- towards crop loss and also Rs.5,000/- towards the compensation.