WEST BENGAL STATE ELECTRICITY BOARD Vs. CHAMPA BAG

JUDGEMENT

(1.) This appeal is at the instance of the West Bengal State Electricity Board against the order of the District Forum dated 8.6.1998. By the impugned order the Forum directed the opposite parties to pay a sum of Rs.1,00,000/- to the complainant as compensation for death of complainant's husband due to electrocution.

(2.) The fact in short is that on 21.5.1992 a severe storm passed over the village Patinan and in consequence live wire of electric poll which was fixed by the opposite parties got snapped and it fall into water of a pond. The water of the pond became electrified. On the next day morning the husband of Binarani went to the pond for fishing. He cast a net in the pond and died instantaneously because of electrocution. Being attracted by the shouts of the neighbours one Judhistrir Bag, the husband of the complainant rushed to the spot and jumped into the pond to save him. He was also electrocuted and died. According to the complainant the death of her husband was result of sheer negligence on the part of the opposite parties. It has been alleged that the employees of the opposite parties did not take any step to defuse the live wire nor did they take any steps to prevent the accident.

(3.) The case was contested by the present appellant by filing written version wherein the jurisdiction of the Forum to entertain and determine the dispute was questioned. It has been specifically challenged that the dispute between the parties is not a consumer dispute inasmuch as the deceased or for that matter the complainant does not come within the purview of definition of the word "consumer" occurring in Sec.2 (d) of the Consumer Protection Act, 1986 . The Forum however, allowed the claim of the complainant and awarded a compensation of Rs.1,00,000/-.