Delay condoned. -1- Respondent filed the complaint with the allegation that in the night of 4/5.5.2005 at about 1.30 a.m. the main switch, fans, television connections etc. started sparking. Her husband went to switch off the main switch so that the house could be saved from catching fire. In this attempt, he got electrocuted. When she tried to save him, she also got electrocuted. Both of them were taken to the Base Hospital, Haldwani where her husband was declared dead. However, the doctors saved her life. Incident was investigated by the Governments Electric Inspector, who concluded that the Uttarakhand Power Corporation Ltd., its Executive Engineer and Deputy General Manager were responsible for the said incident as the Uttarakhand Power Corporation Ltd. and its officials had failed to ensure the faultless installation and maintenance of the electric supply system and have violated the rules made thereunder. The respondent filed the complaint seeking a direction to the petitioner to pay Rs.15 Lakhs due to the loss of her husband, Rs.50,000/- towards loss of appliances, Rs.50,000/- towards treatment and Rs.50,000/- towards mental agony. District Forum allowed the complaint and directed the petitioner to pay Rs.4 Lakhs to the respondent with cost of Rs.2,000/- within one month, failing which the amount awarded was to carry interest @ 9% p.a. Petitioner being aggrieved filed an appeal which has been dismissed with the modification that rate of interest has been reduced from 9% to 7%. Rest of the order of the District Forum was confirmed. We agree with the view taken by the Foras below. Respondents husband died due to the negligence of the petitioner Corporation. The matter was investigated by the Electrical Inspector of the State of Uttarakhand. Electrical Inspector found the petitioner Corporation to be responsible for the mishap. Opinion and recommendation of the Electrical Inspector reads as under: -
From investigation, it appears that this incident occurred due to violation of Rule 29 50 (i) (c), 54 (i), 90 (i) and 91 (i) of Indian Electricity Rules, 1956 by Uttarakhand Power Corporation Ltd. Due to bursting of insulator of fuse set of 11 KV double pole of Power Corporation Ltd. 11 KV Jumber detached and came in contact with LT Line, despite it the LT line did not become dead and 11 K.V. electric current started flowing in LT line. Due to flow of 11 K.V. current in LT line Shri Saravjeet Singh and Smt. Gagandeep Kaur came in contact with 11 K.V. current while switching off the main switch in their house. Due to electric current Shri Saravjeet Singh died and Smt. Gagandeep Kaur sustained grievous injuries. Due to this incident in the house of 16 villagers of village Kishanpur and Kalayanpur (names as mentioned in column 9 above electric equipment and electric wiring were damaged.) Because this incident occurred due to faulty installation by Uttarakhand Power Corporation Ltd., therefore, Power Corporation Ltd. is directed to take action against the concerned maintenance staff and should compensate Sht. Gagandeep Kaur for the death of her husband and grievous injuries sustained to her due to this incident. Power Corporation is also directed to compensate the abovesaid 16 villagers of village Kalyanpur and Kishanpur for the damage of their electrical equipments and wiring. Power Corporation Ltd. is directed to remove the faults in electrical installation and comply with the orders issued under Rule 5 (4) of Indian Electricity Rules, 1956.Based on this report, petitioner itself has paid Rs.35,000/- to the respondent by way of compensation. Since compensation awarded by the petitioner was less, respondent filed the complaint with the District Forum. The report of the Electrical Inspector is self-explanatory and need no elaboration. The petitioner is guilty of negligence in not providing faultless installation and maintenance of electricity supply system and had violated the Rules made thereunder. Dismissed. ......................J ASHOK BHAN PRESIDENT ...................... VINEETA RAI MEMBER