The Kerala State Electricity Board vs Kunjumol N.A.

Thottathil B. Radhakrishnan, J.—This appeal comes up with an application seeking condonation of delay of 124 days. Appeal is by the Kerala State Electricity Board, for short, the ''Board'', against a decree for compensation granted on a case of electrocution.

The death is not disputed. The leakage of supply through the post to which the deceased came into contact is not in dispute. Board contended that many people used to move aside the electric post which is in a busy area and therefore, it cannot be assumed that the death was caused due to electrocution. On the basis of the postmortem report and other relevant materials, the court below concluded that in this matter the doctrine of strict liability applies,-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, . We find no reason to disagree on that.

Onto the question of compensation, the court below has found that the deceased was 23 years of age and he was earning Rs. 3,000/- per month. The court below has fixed the reasonable compensation as Rs. 3,00,000/-. Hence, we find no ground to interfere in this appeal on that issue as well.

For the aforesaid reasons, the application for condonation of delay is dismissed.

Resultantly, the appeal is rejected. In view of the rejection, refund the court fee paid on the appeal to the appellants.