State Consumer Disputes Redressal Commission
Alwala Mangamma W/O.Late Krishnaiah ... vs Northern Power Distribution Co. Ltd., ... on 20 February, 2013
BEFORE THE A BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION: AT HYDERABAD. F.A.No.48/2012 against C.C.No.118/2011 District Forum, WARANGAL Between 1. Alwala Mangamma W/o.late Krishnaiah Aged about 42 years, Occ:Household 2. Alwala Venkanna S/o.late Krishnaiah Aged about 23 years, Occ:Labour 3. Alwala Vijaya W/o.Madhu Aged about 20 years, Occ:Housewife. All are R/o.H.No.3-1-53, Shivalayam Street Marripeda (V & M), Warangal District. ..Appellants/ Complainants And 1. Northern Power Distribution Co. Ltd., Rep. by its Chief Managing Director Chaitanyapuri, REC, Warangal District. 2. Northern Power Distribution Co. Ltd., Rep. by its Divisional Engineer, Mahabubabad. 3. The Assistant Engineer, Marripeda Sub Station, Northern Power Distribution Co. Ltd., Marripeda (V & M) Warangal District. Respondents/ Opp.parties. Counsel for the Appellants : M/s.V.Sudheer Counsel for the Respondents : M/s O.Manohar Reddy QUORUM: SMT.M.SHREESHA, HONBLE Incharge President AND SRI S.BHUJANGA RAO, HONBLE MEMBER.
WEDNESDAY THE TWENTIETH DAY OF FEBRUARY, TWO THOUSAND THIRTEEN Order (Per Smt.M.Shreesha, Honble Incharge President) *** Aggrieved by the order in C.C.No.118/2010 on the file of District Forum, Warangal, the complainants preferred this appeal.
The brief facts as set out in the complaint are that the first complainant is the wife and 2nd and 3rd complainants are children and the legal representatives of the deceased late Alwala Krishnaiah. The complainants submit that they own a house at Marripeda and obtained electricity service connection for domestic purpose bearing No.3359 and are paying electricity charges to opposite parties regularly. The complainant submitted that on 13-11-2010 in the evening hours at 5.30 p.m. in the house of the complainants, the said Krishnaiah while taking the towel came into contact with the service connection wire portion in between the pole No.28/T and electricity meter and died due to electrocution. The complainants submitted that he was a traditional potter earning Rs.300/- per day and also by doing agricultural labour and contributed Rs.10,000/- per month and due to his death, the complainants lost their bread winner.
The complainants submitted that they intimated the accident of electrocution to the Police, Marripeda who issued FIR 150/2010. The complainants submit that the opposite parties are under obligation to make periodical check up under the provisions of A.P.Electricity Act 2003 and Rules and were negligent in discharging their duties. The opposite parties also issued Form-A certificate regarding the accident. The complainants got issued a legal notice on 19-2-2011 to the opposite parties demanding compensation of Rs.10,00,000/- and they have received the notice but did not respond. Hence the complaint seeking direction to the opposite parties to pay Rs.10,00,000/- with interest at 9% p.a. from the date of complaint till realization together with costs.
Opposite party No.3 filed written version and opposite parties 1 and 2 filed adoption memo adopting the written version of opposite party No.3 and resisted the complaint. They submitted that the deceased Alawala Krishnaiah died due to his own negligence. The service connection itself is higher rated one and the same ought to have been decreased to low rated electricity and due to higher rated electricity, the service wire and its insulation melted resulting in the electrocution. They submitted that the department is responsible only for connection in between pole to pole but not pole to service meter and its wire. Caution has to be excercised by the consumer only and submitted that there is no negligence on their behalf and prayed for dismissal of the complaint.
Based on the evidence adduced i.e. Exs.A1 to A8 and the pleadings put forward, the District Forum dismissed the complaint without costs.
Aggrieved by the said order, the complainants preferred this appeal.
The complainants are the legal representatives of late Alawala krishnaiah.
It is the complainants case that they are having an old house and are paying electricity charges to the opposite parties regularly and on 13-11-2010 at around 5.30 p.m., the deceased came into contact with high grade electricity in the service connection portion in between the pole No.28/T and the electricity meter lying in the complainants house and died due to electrocution. Ex.A1 is the FIR lodged on 14-11-2010 and Ex.A2 is the post mortem that the cause of death is due to electrocution. A panchanama was also conducted evidenced under Ex.A3 which establish that late A.Krishnaiah died due to electrocution because of his contact with the service connection wire. It is the complainants case that late Krishnaiah died at the age of 47 years and he was sole bread winner and was a traditional potter earning Rs.300/- early and Rs.10,000/- per month doing agricultural labour. The first complainant became a widow at the age of 42 years and the second and third complainants lost their father and they seek compensation for the loss of the bread winner of their family. The complainants got issued a legal notice evidenced under Ex.A6 dated 17-2-2011 in which they called upon the opposite parties to pay compensation of Rs.10,00,000/-.
It is the respondents/opposite parties case that there is no negligence on behalf of their department as the electricity department is responsible for connection between pole to pole but not pole to service meter and it is the complainant who has to be cautious and the complainant died due to his own negligence.
The towel was there on the electrical wire contact with the service wire in between the pole No.28/T and the electricity meter lying in the house of the complainants.
The learned counsel for the appellants relied on the decision of the Honble High Court of A.P. in 2007 (2) ALD 476 in APSEB., HYDERABAD AND OTHERS v. NEENAVATH BHULI @ LAKSHMI AND OTHERS in which the Honble High Court held that obligation to ensure proper and safe installation in the service line between pole and bore well lies with the electricity department and for electrocution on account of hanging wire from last pole to meter, fitted at bore well, the electricity department is liable. The appellants counsel also relied on a decision of this Commission in 2005(2) ALD Cons. in N.KUNCHI BABU AND ANOTHER v. MANAGING DIRECTOR-CUM-CHAIRMAN, AP. TRANSCO. HYDERBAD AND OTHERS in which this Commission held that when there is failure to observe safety measures, the electricity department is liable. We observe that as per Rule 29 of the Indian Electricity Act all electric supply lines and apparatus should be constructed, installed, protected, worked and maintained in such a manner as to ensure safety of human beings, animals and property and therefore it is the duty of the opposite parties to see that all electric supply lines are maintained properly and ensure safety of the consumers. The contention of the respondents that the department is responsible for only for the connection between pole to pole in unsustainable and it is the electricity department that is responsible for the grade of electricity passing whether from meter to pole or from pole to pole. We are of the considered view that there is deficiency in service on behalf of the opposite parties. We rely on the decision of the National Commission in F.A.Nos. 371/2007 and 419/2007 dated 28-8-2012 wherein the National Commission dealt with the aspect of compensation and in the instant case the complainants submit that the deceased was a potter earning Rs.300/- daily and Rs.10,000/- from agricultural labour. However, these earnings as they are based on daily wages cannot be evidenced by any documentary proof. To meet the ends of justice and keeping in view the balance of equities, we are of the considered opinion that a reasonable amount of Rs.5,000/- could be considered as earnings per month and it would amount to Rs.60,000/- and if we take 1/3rd towards expenses, the balance amount would be Rs.40,000/- and as the multiplier 15 (the deceased is 47 years old) is applicable, it would total to Rs.6,00,000/-.
Keeping in view the aforementioned judgements and also the admitted fact that late Alawala Krishnaiah died due to electrocution, we are of the considered view that the opposite parties are liable as it is their duty to see that high rated electricity does not pass in the service connection wires which may result in accidental deaths. Therefore we set aside the order of the District Forum.
In the result this appeal is allowed in part and the order of the District Forum is set aside consequently allowing the complaint in part and directing the respondents/opposite parties to pay Rs.6,00,000/- to the complainants together with costs of Rs.3,000/- within one month from the date of receipt of this order.
INCHARGE PRESIDENT.
MEMBER.
JM Dt.20-2-2013.