The duty of the Electricity Board to maintain electric lines at a sufficient height to prevent contact with live electric lines, as per the Electricity Rules, 1956, and the liability of the Board for negligence resulting in personal injury.

SREEDHARAN, J.:- Kerala State Electricity Board, the defendant in O.S.34 of 1979 on the file of the Subordinate Judge's Court, Mavelikkara is the appellant in this appeal. The suit was one for realisation of a sum of Rs.1,02,000/- together with interest at the rate of 6% per annum from the date of suit by way of compensation on account of injuries sustained by the plaintiff.

2. The material averments made b made by the plaintiff in the plaint are the following:- Minor plaintiffs father Gopinathan Pillai owns a small plot of land near Neervilakam Lower Primary School. He was doing some agricultural operations in that plot on 8-5-1978. The minor plaintiff with his twin sister brought coffee to their father. While returning from the said plot through the paddy field known as Karackaveli vayal at bout 5 p.m. the minor plaintiff happened to come into contact with a 11 K.V. line electric wire and sustained serious injuries. The stay wire which supported the electric post holding the 11 K.V. line at that place had been cut on or about 6th May, 1978 by some of the workers of the defendant Board. As a result of that the post gradually leaned and the wire came down sagging to a height of about 1 metre from the ground. Even though the mischief had been done 2 days prior to the incident, neither the defendant nor its officials cared to take any step to set right the line. As a result of the accident the minor plaintiff suffered severe shock and burns. He was taken to St. Thomas Hospital, Mavelikara. From there on 10th May he was admitted in the Medical College Hospital, Kottayam for further treatment. His right arm below the elbow had to be amputated. He was treated as an in-patient in the Medical College Hospital till 4-7-1978. Even thereafter he had to continue treatment. The minor was an intelligent and active boy about whom his parents and teachers had high hopes. As a result of this accident he lost one arm and ugly scars are left on his body. He has been deprived of the chances of living an active, useful and happy life. It affected his physical and mental capacities. His capacity to work as a normal person has been permanently impaired and his chances of getting a suitable bride and enjoying a happy married life have been greatly reduced. For the treatment of the plaintiff his parents had to incur an expenditure of over Rs.2,000/-. The misconduct and negligence of the defendant and its employees in not maintaining the 11 K.V. line properly and not taking necessary precautions and other steps which they are legally bound to take has caused the accident. The defendant is responsible for all loss and injury suffered by the plaintiff. The defendant is liable to pay compensation for the same. Taking into consideration all circumstances the plaintiff estimates compensation at not less than Rs.1,00,000/- in addition to Rs. 2,000/- spent by his father. Hence the suit as stated earlier.

3. The defendants in their written statement raised the following contentions :-It is true that the plaintiff came into contact with live electric wire and sustained some burns. The incident took place at a time when a section of the employees of the Board were on indefinite strike. Throughout the State sabotages and putting down of electric lines were frequent at that time in spite of earnest attempts made by the State and the Board to prevent and detect the same. The defendant Board was always alert in maintaining the generation, transmission and distribution lines properly. The allegation that the stay wire was cut 2 days before 8-5-1978 is not correct The mischief might have been done only shortly before the incident Some unknown miscreants cut the stay wire resulting in the electric line coming very low. The local officers of the Board acting with due diligence came to know of the sabotage only on the morning of 9-5-1978. Immediately information was given to the police and rectification steps were taken The indefinite strike was launched by the e