Kerala State Electricity Boad vs Aysha

Thottathil B. Radhakrishnan, J.—This appeal with an application seeking condonation of delay of 434 days is filed by KSE Board challenging a decree granting compensation on account of electrocution.

The fact that the predecessor-in-interest of the plaintiffs died due to electrocution is not in dispute. KSE Board set up the defence that the victim, along with others, was having lunch in the compound within Kakkanad Industrial Complex and the deceased was sitting on a tin sheet supporting himself on the electric post, through which 11 KV line was drawn, and the 11 KV pin insulator flashed and as a result, current passed through the electric post, as a consequence of which, the victim suffered severe electric shock and died. While the Board attributes the death to the negligence and carelessness of the victim in having reclined onto the electric post, such defence cannot be accepted on the basis of the doctrine of strict liability since the KSE Board deals with electricity, a dangerous substance-see for support, 2002 ACJ 337 (SC) , Madhya Pradesh Electricity Board Vs. Shail Kumari and Others, and Varghese and Thressiamma Vs. Kerala State Electricity Board, . No negligence can be attributed to a person in such situation, and we find no ground to interfere with the finding of the court below in this regard.

As regards the quantum of compensation, the court below relied on the relevant material evidence, concluded applying the correct multiplier and granted such compensation as is just and reasonable. A total amount of Rs. 4,00,000/- was ordered to be paid splitting it up between the widow and children of the deceased. Under such circumstances, there is no ground to interfere with the impugned judgment and decree even on that count.

The C.M. Application is supported by an affidavit which does not provide any reason which can be taken as sufficient cause to condone delay. We are not satisfied that the delay has to be condoned.

In the result:

(i) C.M. Application is dismissed.

(ii) As a consequence of the dismissal of the C.M. Application, RFA is rejected as barred by limitation. In view of the rejection of the RFA, the court fee paid on the appeal will be refunded to KSE Board.