The plaintiffs in O.S. No. 321 of 1991 on the file of the Sub Court, Kottayam are the appellants in this appeal. The said suit was one for realisation of a sum of Rs.75,000/-as damages.

2. The case of the plaintiffs can be summarised as follows:-

The 1st plaintiff is the widow and plaintiffs 2 to 5 are the children of one Sivaraman who died on 17.01.1990 due to electric shock from the link-pipe on the 11 K.V transformer installed in the rubber estate of one Pazhayaparambil Hajiyar situated by the side of Pattimattom - Poothakuzhy road. The said Sivaraman was going for work along the said road at about 7.30 a.m. on 17.01.1990. When he reached near the transformer, he saw one Abdul Salam crying for help as the latter was seen trapped near the link-pipe at the bottom of the transformer. Seeing Abdul Salam struggling, Sivaraman rushed to the spot and caught hold of him with a view to rescue him from the live link -pipe. Thereupon, both of them fell down on account of electric shock. Both were taken to the Mary Queens Hospital, Kanjirappally. But at 8.30 a.m., Sivaraman succumbed to the shock and injuries sustained by him. Abdul Salam, however, survived. The incident took place on account of the gross negligence of the employees of the Kerala State Electricity Board (K.S.E.B for short) in the Kanjirappally Electrial Major Section. A few days prior to the occurrence, sparking had been observed on the transformer by the local people. Even though the matter was reported to the 2nd defendant Assistant Executive Engineer, nothing was done. If necessary repairs to the transformer had been attended to, the above accident could have been averted. The transformer was installed in a rubber estate near the road where the public had easy access. Sivaraman was an able-bodied man aged 40 years. He was a daily wage earner getting Rs.35 per day. He used to get work for 25 days in a month. The plaintiffs are entitled to a sum of Rs.75,000/- by way of loss of dependency. The 1st plaintiff was aged only 39 years at the time of occurrence and she is entitled to a sum of Rs.10,000/-as compensation by way of loss of consortium. Plaintiffs are entitled to Rs.15,000/-for the loss of love and affection sustained by plaintiffs 2 to 5 and Rs.5000/-for the pain and suffering sustained by the deceased who was fully conscious until his death. A sum of Rs.5000/- is claimed by way of loss of prospects to the 2nd plaintiff who had attained marriageable age. Even though the total compensation due to the plaintiffs is Rs.1,10,000/-, the claim is limited to Rs.75,000/-. Hence the suit.

3. The suit was resisted by the defendants contending inter alia as follows:-

The suit is not maintainable. The link - pipe is not a wire. The link-pipe is the operating handle of the 11 K.V transformer which had been installed. The link-pipe was for switching on or off the supply to the transformer. The link-pipe can be operated only by an authorised and competent employee of the K.S.E.B and that too by wearing rubber gloves on both hands. A danger board was also fixed on to the transformer giving a warning to the public. The transformer was mounted on a platform consisting of four wooden pillars. The accident took place on account of the unauthorised operation of the switch by Abdul Salam in an unskilled manner. He thereupon got the electric shock and Sivaraman who had tried to rescue him, got electrocuted. The operation of the isolating switch on the transformer by Abdul Salam was unauthorised and illegal. The deceased himself had contributed to his tragic death. In the morning of 17.01.1990, Abdul Salam who was a worker in the Pattimattam Flour Mill, had come before the Pattimattam Transformer with a cutting plier, screw driver etc. After switching off the isolating link of the transformer unauthorisedly, Abdul Salam climbed upon the transformer platform and carried out certain work on the L.T line without the knowledge or consent of the officials of the Board. At that ti