CHAIRMAN-CUM M D Vs. T RAJESWARI
LAWS(NCD)-2020-8-52
NCDRC
Decided on August 19,2020

Chairman-Cum M D Appellant
VERSUS
T Rajeswari Respondents




JUDGEMENT

- (1.) This appeal has been filed by the Chairman-cum-Managing Director Andhra Pradesh Southern Power Distribution Company Limited and Others challenging the order dated 11th September 2012 passed by the Andhra Pradesh State Consumer Disputes Redressal Commission Hyderabad (in short "the State Commission") in consumer complaint No. 20 of 2011.
(2.) Brief facts of the case are that Sri T.Gopala Krishna, husband of the complainant No.1, father of the complainant Nos.2 and 3 and son of the complainant Nos.4 and 5 was an agriculturist and was having electricity service connection to his bore well with 5 HP connection vide service No.29656001287. On 02.06.2010, the said T. Gopala Krishna while operating the bore well in his agricultural field came into contact with a 11 KV main electrical wire which caught fire and fell down on him as a result of which he died on the spot. An FIR was registered with the police on the same day. The post mortem was conducted in the Government General Hospital and the cause of death was established as electrocution. According to the complainants, the deceased was 44 years old and was earning Rs.2,00,000/- p.a. by leasing his bullock cart, mulching cow, sheep rearing and from agricultural operations. Complainants alleged that it was the duty of the appellants to maintain the electric poles properly and they never rectified them even though the wire was in a sagging condition. Therefore, it is only due to the negligence of the appellant that the said T.Gopala Krishna died. Complainant, being aggrieved, filed the complaint claiming compensation of Rs.22,00,000/- along with interest and cost of Rs.10,000/-
(3.) The complaint was contested mainly on the ground that the incident happened due to quarreling of large number of crows and "Y" phase conductor of 11 KV wire was accidentally cut due to short circuit of conductors as an impact of large number of crows. The wire was hanging at a height of 4 feet from the ground with a support of 11 KV fuse set provided to DTR. Deceased should have avoided contact with the wire. The wires were regularly maintained by the appellants.;


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