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2002 Supreme(Ker) 499

S.SANKARASUBBAN, K.PADMANABHAN NAIR
The Kerala State Electricity Board – Appellant
Versus
K. V. Bhaskaran Nair – Respondent


Judgment :-

Padmanabhan Nair, J.

The defendants in O.S.No.639 of 1993 on the file of the Subordinate Judge's Court, Ernakulam are the appellants. The appeal is filed against the judgment and decree passed by the court below awarding an amount of Rs.1,50,000/- as compensation on account of the death of Suresh Kumar, son of respondents 1 and 2 and the brother of other respondents.

2. Deceased Suresh Kumar was working as a cleaner-cum-checker in a stage carriage Bus bearing Registration No.KL-7 8937 plying between Kakkanad and Perumbadappu. At or about 4.30 a.m. on 29.6.1990, the deceased was walking along the pathway at Vazhakkala to fetch water from a public tap situated on the side of the road for cleaning the bus. An electric wire drawn over the pathway broke down and was lying on the pathway. Suresh Kumar accidentally touched the live wire. He sustained electric shock and died. The respondents who are the legal heirs of deceased Suresh Kumar filed the suit claiming compensation alleging that the power line drawn over the pathway was under the control and management of the first appellant and officers and employees working under it. It was alleged that the incident took place on acc















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