Kerala State Electricity Board vs Chandrika

Thottathil B. Radhakrishnan, J.—Defendants in a suit for compensation on account of electrocution are the appellants with an application seeking condonation of delay in the institution of this appeal.

KSE Board set up the defence that the electric supply line broke down due to heavy rain and wind and that was unexpected. Such a plea in relation to a 11 KV line cannot be accepted on the face of the doctrine of strict liability which applies to this case. 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, .

Plaintiffs are the widow, children and mother of late Sasidharan, who was shown, by the evidence, to be a person of 45 years of age. He was a weaver by profession and was also selling textile items on instalment basis. Court below granted a total amount of Rs. 2,75,120/- as compensation. There is no legal or jurisdictional infirmity, or, erroneous appreciation of facts and law by the court of first instance.

We looked into the aforesaid facts and materials, notwithstanding the fact that this appeal is filed with an application seeking condonation of delay of 1358 days, supported by an affidavit stating merely reasons which are attributable to administrative causes. We see that there is no merit in the appeal or any cause, much less, sufficient cause, to condone the enormous delay.

In the result, the application seeking condonation of delay is dismissed. As a consequence of the dismissal of the C.M. Application, the appeal is rejected. In view of the rejection, the court fee paid on the appeal will be refunded to KSE Board.