ASSISTANT ENGINEER, APSPDCL Vs. C.J. VIJAYA KUMARI
LAWS(NCD)-2020-1-96
NCDRC
Decided on January 27,2020

Assistant Engineer, Apspdcl Appellant
VERSUS
C.J. Vijaya Kumari Respondents


Referred Judgements :-

M.P. ELECTRICITY BOARD VS. SHAIL KUMAR [REFERRED TO]
INDIAN MEDICAL ASSOCIATION VS. V P SHANTHA [REFERRED TO]


JUDGEMENT

V.K.JAIN,J. - (1.) Late Shri C.J. Krishna, husband of complainant No.1 and father of complainants No. 2 to 4 was going on a Moped to attend his duty in Tirupathi on 22.4.2011. When he reached Manglampet Road at about 5.30 a.m., he came into contact with a live 11 KV electrical wire and died. Alleging deficiency on the part of the APSPDCL (Andhra Pradesh Southern Power Distribution Company Ltd.), the complainants approached the concerned State Commission by way of a consumer complaint, seeking compensation. It was also alleged in the complaint that the respondents APSPDCL had not properly supervised the live wire, which got disconnected from the pole and caused death of the deceased.
(2.) The complaint was resisted by the respondent APSPDCL, which inter-alia stated in its reply that on account of heavy rain, thunderstorm etc. in the night, the 11 KV wire had fallen on the ground and since the deceased was driving without taking proper care and caution, he came into contact with the live wire and died.
(3.) The State Commission vide its order dated 30.10.2014, held the respondents negligent in performance of their pubic duties and awarded compensation quantified at Rs.10,30,000/- to the complainants, out of which Rs.4,35,000/- was to go to complainant No.1 whereas Rs.2,00,000/- each was to go the complainants No. 2 to 4, along with cost of Rs.5,000/-.;


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