Back
T. MALLIKARJUNA RAO
Superintendent Of Police – Appellant
Versus
Gummadi Mariyamma – Respondent
JUDGMENT :
T. Mallikarjuna Rao, J.
1. This Second Appeal was filed by the Appellants/Respondents under Section 100 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.') against the Judgment and decree, dated 16.10.2006 passed in AS No. 152 of 2006 on the file of learned Principal District Judge, West Godavari at Eluru (for short, ‘the 1st Appellate Court’) reversing the Judgement and decree, dated 08.11.2005 passed in O.S. No. 37 of 2004 on the file of learned Additional Senior Civil Judge, Eluru (for short ‘the trial ‘the trial Court’).
2. The Respondents/Appellants are the Plaintiffs, who initiated the suit in O.S.No.37 of 2004 for damages of Rs.3,00,000/- along with costs. The Appellants/Respondents are the Defendants in the said suit.
3. The parties to the Appeal are referred to as they are arrayed in O.S.No.37 of 2004.
4. In the plaint, it is averred that Gummadi Narayanarao (hereinafter referred to as ‘the deceased’), the 1st Plaintiff's husband, the 2nd and 3rd Plaintiffs' father, and the 4th Plaintiff's son, tragically passed away on 14.08.2003 at the age of 48. The Station House Officer of Dwaraka Tirumala Police Station and his staff were cleaning their station premises.
The court established that procedural defects should not defeat a just cause, emphasizing the importance of negligence in determining liability for damages.
The duty of care owed by the Electricity Board in hazardous activities and the application of the multiplier method for determining the quantum of compensation.
Electricity providers have a high duty of care to maintain safe conditions; failure to do so results in presumed negligence and liability for damages.
The judgment establishes the application of the doctrine of strict liability in cases of hazardous activities, the method for computing compensation under the Motor Vehicle Act, and the liability of ....
The sequence of negligence leading to electrocution requires compensation reflecting the deceased's potential earnings, emphasizing that strict evidence is not mandatory for assessing damages within ....
Electricity suppliers are strictly liable for injuries resulting from their installations, irrespective of negligence, highlighting the burden of proof rests with them in cases of electrocution.
The main legal point established in the judgment is the liability for compensation due to negligence resulting in an electric shock and the application of principles from motor accidents claims cases....
Death due to Negligence of Electricity Board – Liability to pay compensation - Responsibility to supply electric energy in the particular locality statutorily conferred on the Board. If the energy so....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
