The High Court dismissed an appeal by the Kerala State Electricity Board against a decree awarding compensation to a plaintiff injured after being struck by a loose electric cable lying across a road, upholding the trial court's finding of negligence and the strict liability of the board.
Appeal dismissed; judgment and decree of the trial court confirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 23RD DAY OF JULY 2015/1ST SRAVANA, 1937
RFA.No. 11 of 2012 () ---------------------AGAINST THE ORDER/JUDGMENT IN OS 243/2008 of SUB COURT, PATHANAMTHITTA
APPELLANTS:
1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY SECRETARY, PATTOM THIRUVANANTHAPURAM-695 004.
2. THE ASSISTANT EXECUTIVE ENGINEER ELECTRICAL MAJOR SECTION, KADAMPANADU PATHANAMTHITTA DISTRICT, PIN-691 552.
BY ADV. SRI.K.M.SATHYANATHA MENON,SC,KSEB
RESPONDENT:
SHAJI S/O.KAMARUDEEN, VAYALITHARA PUTHEN VEETTIL KAVANADU P.O., SAKTHIKULANGARA VILLAGE KOLLAM DISTRICT, PIN-691 003.
R BY ADV. SRI.ALEX N.MATHEW (KOLLAM) R BY ADV. SRI.H.RAMANAN R BY ADV. SRI.JAMES JOSE
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 23-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
THOTTATHIL B. RADHAKRISHNAN &
SUNIL THOMAS, JJ.
R.F.A. No. 11 of 2012
JUDGMENT
Sunil Thomas, J.
The defendants, who are aggrieved by the judgment and decree in O.S.No.243/2008 of the Sub Court Pathanamthitta, are the appellants herein.
11.30 a.m., he along with his friend was riding a motor cycle along the Kadampanadu - Adoor road. When it reached the place of incident, an electric cable that was drawn across the road, but lying in a loose manner, got struck on his neck and both of them were thrown off. The plaintiff sustained deep cut on the neck and was unconscious. He was immediately rushed to Holy Cross Hospital, Adoor, from where he was referred to Pushpagiri Medical College Hospital, Thiruvalla, for expert management. He underwent treatment for 42 days. He had also undergone a major surgery of his throat. He was totally bed ridden during the above period and could not
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speak for one month. Even after discharge on 12/10/200, he had to undergo review every two weeks. The accident had caused considerable mental agony and pain and he had incurred an expense of about Rs.1,50,000/- for his treatment and medicine. Due to injury, his speaking ability was reduced and he had sustained permanent disability. The incident happened only because of the negligence of the Electricity Board. Hence, the plaintiff claimed compensation for damages quantified at Rs.4,00,000/- with 6% interest recoverable from the defendants. The defendants filed a written statement denying the various allegations. It was contended that cause of action against the defendants was not sustainable, since the incident occurred when a telephone wire got struck on the neck of the plaintiff. There was no complaint about any loosening of the electric service wire. The defendants came to know about the incident only after getting notice from the court. The electric wires are drawn in compliance with the standard specification, maintaining statutory clearance. The defendants are not liable to pay any compensation.
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were formulated by the court below and both sides proceeded for trial. On the side of the plaintiff, he was examined as PW1 and pillion rider was examined as PW2. Exts.A1 to A10 series were marked. There was no evidence from the side of the defendants.
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have spoken in terms of the incident. They stated that, while they were traveling on the motor cycle, the cable wire, which was loose and hanging across the road, got struck on his neck and he and the pillion rider were thrown off. Exts.A1, A2 and A4 are the documents issued from the Pushpagiri Medical College Hospital, evidencing the treatment given to the plaintiff. Ext.A2 is the discharge card. The above documents coupled with evidence of PW1 and PW2 cumulatively show that the plaintiff had undergone surgery and was in the hospital for long. He continued treatment even after discharge from the hospital.
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mahazar proves that there was an electric service connection wire which was drawn across the road. The details of the above electric lines are available in Ext.A7. After investigation, the police filed final report which Ext.A7(d), after satisfying that the incident occurred due to electric cable. This leads to a normal conclusion that it was the electric line of the defendants that caused accident. There is no contra evidence to that. Hence, the finding of the court below, that the incident occurred due to the electrical cable drawn across the road which was hanging above the the road posing threat to the life of the people, is only to be confirmed.
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conclusion that can be drawn is that the defendants are responsible for the incident and are liable to make good the loss caused to the defendants.
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days as IP, he had to continue with the treatment and follow up procedure. Evidently, he must have suffered considerable pain and agony. The court below, held that he was entitled to claim damages for the pain and sufferings. The court below in respect of the above seems to have taken a very lenient view and has granted a sum of Rs. One Lakh towards pain and sufferings. We find no reason to interfere with the above finding, which is based on the strong, convincing and cogent reason. The court below has not granted any other amount for the loss of income or disability, which were either not specifically pleaded or proved.
In the result, the appeal is dismissed. No costs.
Sd/-
THOTTATHIL B.RADHAKRISHNAN Judge Sd/-
SUNIL THOMAS Judge /true copy/ PS to Judge.
dpk
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1 issue framed by the court
Whether the electric board is liable for injuries caused by a loose wire across the road.
Colour shows how this judgement treated each authority
KSEB v. Kamalaksy Amma (1986 KLT 1124)Relied on¶47
Kerala State Electricity Board
Assistant Executive Engineer, Electrical Major Section, Kadampnadu
Shaji S/o. Kamarudeen
Thottathil B. Radhakrishnan
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
