KARNATAKA STATE ELECTRICITY BOARD vs G.N.SESHADRI

THIS appeal by the Opposite Party is directed against the order dated 23.7.1992 passed by the District Forum, Bangalore, in complaint No. 1686/91 allowing the complaint of the complainant in part. The facts, briefly stated, are as follows: 1. The complainant, a resident at No. 616,13th Cross, 14th Main, II Phase, J.P. Nagar, Bangalore, made a complaint alleging that atabout l.30pm 10.6.91, the Neutral Power Line, in front of his house snapped and in consequence of which his V.C.R. and Sound System got damaged causing loss to him. He claimed Rs. 2,000/- towards cost of repairs and compensation.

THE Opposite Party-the appellant K.E.B. filed statement of objections; admitted the fact of snapping of Neutral Power Line in front of the house of the complainant but stated that it was due to the fall of the branch of a coconut tree situated in the compound of the complainant''s house and so denied any liability as it was not due to their negligence. During enquiry the complainant examined himself as P.W. 1 and got Exs. P-l to P-5 marked in evidence. The Opposite Party examined R.W. 1 a Lineman and R.W. 2 and got Ex. R-l marked.

The District Forum, appreciating the material placed on record by the parties, held that the snapping of the Neutral Power Line in front of the house of the complainant was due to the negligence on the part of the Opposite Party in consequence of which the V.C.R. and Sound System of the complainant were damaged and in that view, awarded a sum of Rs. 860/- the amount spent by the complainant for repair of the damaged V.C.R. and Sound System.

THE records have been called for and received. We have heard the Learned Counsel for the appellant and also the Respondent-complainant. 6. It is not disputed that the Neutral Power Line in front of the house of the complainant was snapped at about 1 or 1.30 p.m. on 10.6.1991 and in consequence of which the V.C.R. and the Sound System of the complainant were damaged. For the repair of which the complainant spent about Rs. 860/- as is evidenced from the receipts at Exs. P-4 and P-5. The only disputed aspect of the matter is whether snapping of the Neutral Power Line was due to the negligence of K.E.B. officials in not removing a branch of a coconut tree running over the Neutral Power Line or otherwise.

THE District Forum, on consideration of the evidence of P.W. 1 - the complainant and the evidence of R.W.I - Lineman who bad appeared at the place of the occurrence, soon after the occurrence, held that the snapping of Neutral Power Line was due to the negligence of the jurisdictional K.E.B. officials in not making the periodical inspection and in not removing the protruding branches. THE District Forum, in this regard has observed thus: "In fact R.W. 1, Sri Gangappa has disclosed that whenever their officer directs the removal of branches which are protruding into the street lines whether they are avenue trees or private ones, they go and remove them. This clearly indicates that the jurisdictional K.E.B. officials have a duty to make periodical inspection and get removed the protruding branches even if they are of trees in the neighbouring compound. It is apparent that no such safety measures had been taken up by the Opposite Party in preventing an instance like the one on band due to the falling of a coconut leaf from the tree within the compound of the complainant. Hence we are convinced that there was deficiency of service in that behalf and it is apparent that the concerned officials were negligent in the matter."

We find, the finding recorded by the District Forum, regarding the negligence of the concerned officials of the Opposite Party, is well founded and we do not see any justifiable ground to interfere in this finding recorded by the District Forum. ORDER In the result, therefore, this appeal fails and it is dismissed. The parties are directed to bear and pay their own costs in this appeal. Appeal dismissed. _______________