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1986 Supreme(Kar) 394

M.P.CHANDRAKANTARAJ
KARNATAKA ELECTRICITY BOARD – Appellant
Versus
HALAPPA – Respondent


CHANDRAKANTHARAJ, J.

( 1 ) THIS appeal is by the Karnataka electricity Board (for short the 'board') it is directed against the Judgment and decree dated 3rd July 1986 in O. S. No, 19 of 1983 on the file of the Civil Judge, gadag.

( 2 ) RESPONDENT Halappa, is a transport carrier. He was carrying thirty-two docras of cotton belonging to various cotton growers from Hebbal in Shirahatti taluk to Hubli Market on 8-4-1981. His vehicle had the registration mark MYW 8383. The goods belonged to persons who were named in Annexure to the plaint at Schedule-A. While thirty-two docras of cotton lint was thus being carried on the way, at Shiggli Toll Naka in Lakshmeshwar Town a tire accident took place due to the short circuit by touching the over-head electric wirelines belonging to the Board. (First defendant is the Board ; 2nd defendant is the Chief engineer of the Board and the 3rd defendant is the Assistant Executive Engineer of the Board, Laxmeshwar, taluka Shirahatti, District Dharwad ). Plaintiff pleaded that the over-head electric wire lines were at a height of 14 to 15 feet from the ground and were not guarded with safety covers. They were stung very loosely giving room for sagness wh














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