MAHARASHTRA STATE ELECTRICITY BOARD Vs. ASHOK NANA CHOUDHARI
LAWS(NCD)-2009-3-45
NCDRC
Decided on March 18,2009

MAHARASHTRA STATE ELECTRICITY BOARD Appellant
VERSUS
Ashok Nana Choudhari Respondents

JUDGEMENT

Ashok Bhan, J. (President) - (1.)MAHARASHTRA State Electricity Board -Petitioner herein, which was the Opposite Party before the District Consumer Disputes Redressal Forum, Sangli (hereinafter referred to as 'the District Forum' for short), has filed the present Revision Petition.
Shortly stated, the facts of the case are -

Sulochana Choudhari got electrocuted because of short circuit in the house. Complainant/Respondent being her legal heir filed a claim before the Petitioner which was not accepted, aggrieved against which, the Respondent filed a complaint before the District Forum.

(2.)THE District Forum vide its Order dated 19.1.2007, allowed the complaint and directed the Petitioner to pay a sum of Rs. 2,00,000 along with interest @ 6% p.a. from the date of filing of the complaint till the realization of actual amount. Rs. 2,000 were granted as compensation for mental distress and costs.
Aggrieved against the order of the District Forum, both the Petitioner as well as the Respondent filed an Appeal before the Maharastra State Consumer Disputes Redressal Commission, Mumbai (hereinafter referred to as 'the State Commission' for short). The State Commission dismissed the Appeal filed by the Petitioner and accepted the Appeal filed by the Respondent to the extent that it awarded additional sum of Rs. 25,000 by way of compensation for loss of consortium.

(3.)THE State Commission, in its Order, has noted that there was a fault in electric pole outside; the house of the complainant. There was sparking on the pole before the incident and the supply of electricity was disconnected. After some time, electric supply was restored. Second time also, there was sparking on the pole as a result of which the electric meter was burnt and electric current entered the earth wire. Sulochana Choudhari died while taking bath as the electric current had entered the water heater as well.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.