IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA 

Thursday,   the 31st    day of August, 2017

Filed on 11.02. 2016.

Present

    

1) Smt. Elizabeth George (President)

2) Sri. Antony Xavier (Member)

3) Smt. Jasmine D (Member)

in

CC/No.50/2016

 Between

Complainant:           Opposite parties:

 

Sri.Mathew.T.M 1. The  Assistant Engineer

Thachilethu House             Electrical Section(KSEB Ltd)

Mulkkuzha.P.O                                     Mulakkuzha

Pin. 689 505             Pin. 689 505

(Adv.Raveendran Nair)                                    

2. The Assistant Executive Engineer

Electrical Sub Divison (KSEB Ltd)

Chenganoor 689 121

 

3. The Executive Engineer

Electrical Sub Divison (KSEB Ltd)

Chenganoor 689 121

 

4. The Secretary (KSEB Ltd)

Vydyuthi Bhavan, Pattom

Thiruvananthapuram 695 004

(Adv. Jayan C. Das)

 

O R D E R

SMT. JASMINE D. (MEMBER)

 

The case of the complainant is that the complainant’s cow got Electrocuted through earth wire leakage  on 4/6/2015.  The accident occurred when the cow let off from the cattle shed by the wife of the complainant for giving cattle feed to the cow.  The cow is milking and yields 10 liters of milk per day and also has a female calf aged 2 months.  The cow got electrocuted from the earth wire. immediately the cow roared loudly and fell down on the ground and died on the spot.  There after the complainant has reported the matter to the opposite parties and the veterinary doctor.  The doctor confirmed the death  of the cow was due to electrocution.  A team of the opposite parties visited the site on the same day and prepared a mahazar in which it is affirmed that the death of the cow was due to electrocution.  According to the complainant the meter was burnt by natural calamities of thunder and because of that there was leakage of electricity through the earth wire therefore the complainant is entitled  to get the exgratia compensation from the opposite parties and hence filed this complaint.

2. Version of the 2nd  opposite party is as follows:-

The petition is not maintainable.  It is  respectfully submitted that, this Hon’ble  court has no jurisdiction to entertain the above case. Petition of this nature is outside the scope of this Hon’ble Forum.  Relief sought for by the petitioner is not allowable by this Hon’ble Forum.. The above petition is to be dismissed on that ground.  It is submitted that , ownership  of the cow is to be proved by the petitioner.  The opposite parties have no liability to pay damages to the complainant for the death of cow.  There is no negligence on the part of the opposite parties. It is admitted by the complainant himself, that , his cow died due to leakage of electricity through the earth wire.   It is respectfully submitted that , the KSEB Ltd is authorized to supply electricity up to the point of  supply, which  is the incoming point of the cut out ie. in house connection Board installation is only upto  the meter and incoming is the responsibility of the consumer. In the instant case as admitted by the petitioner electrocution occurred through the leakage of current passed through the earth wire which was provided by the consumer.  Even though the meter got damaged, no electricity will pass through the same for that  reason.  Hence the responsibility of Electrocution is on the part of the complainant and the complainant is not entitled to get ex- gratia from the opposite parties.  Hence the complainant may be dismissed.

3. Complainant was examined as PW1 and document Ext.A1-A3 were marked.  Opposite party was examined as RW1.

Considering the allegation of the complainant and contention of the opposite parties this Forum has raised the following issues for consideration:

                1) Whether there is any deficiency in service on the part of the opposite   party?

     2)  Whether the complainant is entitled to get relief as prayed for?

4. Issues 1 and 2

The case of the complainant is that the complainant’s cow died due to electrocution from the earth wire.  According to the complainant the cow got electric shock from power leakage through the earth wire resulted as the after effects of Thunder and Lightning.  Hence filed this complaint seeking exgratia payment from the opposite parties. 

  Complainant was examined as  PW1 and documents and exhibits A1 to A3 were marked.   

The specific case of the complainant is that the complainant’s cow got electrocuted from the earth wire and died on 4/6/2015 and therefore the complainant is entitled to get ex-gratia  from the opposite parties.  According to the opposite party board  installation is only up to the meter and the other installation wiring including  proper earthing is the responsibility of the  consumer and the opposite parties are no way liable for the incident.

 In order to prove the case of the  complainant  the complainant had produced 3 documents which were marked as Ext.A1 to Ext.A3.  Ext. A1 is the post mortem report.  Ext.A2  is the copy of site mahazar. Ext.A3 is the copy of the Board order. Ext.A1 it can be seen that the death of cow was due to electrocution.  Ext. A2 affirms the same.  In Ex.A3 it is clearly mentioned that accidents resulted on account of power leakage through earth wire, guy wire and stay wire is covered under vydyuthe suraksha insurance scheme.  Further more in Ext.A3 it is also mentioned that power leakage through earth wire gay wire and stay wire etc are mostly resulted as the after effects of the natural calamities Viz heavy raining during monsoon season, Thunder, lightening etc.  Admittedly the said  incident happened on 4/6/15 ie. during the monsoon season in Ext.A2. it is stated that the meter was burnt. In Ext.A3 it is also stated that the exgratia benefit payable in respect of the fatal accidents occurred to domestic cattle belonging to the  category of cow, ox, bull, buffallow etc shall be enhanced from 10,000/- to a maximum of 25,000/-.   On verifying  the entire records we came to the conclusion that the complainant is entitled to get the ex- gratia benefit for the fatal accident occurred to his cow.  Since the same has not been given to the complainant the opposite parties have committed deficiency in service.  So the complaint is to be allowed and the opposite parties are jointly and severally  liable for the same.  

In the result the complaint is allowed.  The opposite parties are directed to pay an amount of Rs. 25,000/- (Rupees Twenty five Thousand only) as the ex-gratia payment to the complainant. Order shall be complied within one month from the date of the receipt of this order.

Pronounced in Open Forum on this the 31st   day of August, 2017.                                                                                           

Sd/-Smt. Jasmine D (Member)

   Sd/-Smt. Elizabeth George  (President)

                                      Sd/-Sri. Antony Xavier  (Member)

Appendix:-

Evidence of the complainant:- 

PW1 - T.M. Mathew(Witness)

Ext.A1  -  Copy of Postmortem report

Ext.A2 -  Copy of  Site Mahazar

Ext.A3 - Copy of Board order.

Evidence of the opposite party:- 

RW1 - Laila.N.G (Witness)

 

//True copy//

 

       By Order

 

 

 

Senior Superintendent

To

Complainant/Opposite parties/SF

 

Typed by: Br/-

Comped . by: