Anish v. K.S.E.B
Case brief
What is this about?
A worker died after an iron rod contacted an overhead high-voltage line during culvert construction. The court imposed strict liability on the electricity supplier, allowed the appeal and decreed compensation with interest and proportionate costs, equally shared by the widow and son.
What did the court decide?
Dismissal set aside; compensation with interest and proportionate costs decreed for the widow and son in equal shares; appellant exempted from court fee.
What the court decided
RFA.No.335 OF 2006 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
MONDAY, THE 09TH DAY OF DECEMBER 2019 / 18TH AGRAHAYANA, 1941
RFA.No.335 OF 2006
AGAINST THE JUDGMENT AND DECREE IN OS 112/1997 OF THE SUBORDINATE JUDGES COURT, THODUPUZHA
APPELLANT/2nd PLAINTIFF:
ANISH S/O BABY,VITHAYATHIL (H) AALPARAKKARA,THODUPUZHA
BY ADV. SRI.R.MANOJ
RESPONDENT/DEFENDANT/1ST PLAINTIFF:
1 K.S.E.B REP BY ITS SECRETARY, VYDYUTHI BHAVAN,TRIVANDRUM
Issues for consideration
3 issues framed by the court
Could the electricity supplier be held strictly liable for a worker's fatal electrocution despite insufficient direct evidence of negligence?
Did failure to notify the culvert construction under Rule 82 absolve the electricity supplier of liability?
What compensation were the deceased worker's dependants entitled to receive?
Parties & counsel
- appellant
ANISH S/O BABY
- respondent
K.S.E.B
- respondent
MARY W/O BABY
Coram
Case details
As recorded by the court registry
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