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1985 Supreme(Ker) 301

P.C.BALAKRISHNA MENON, K.SREEDHARAN
Kerala State Electricity Board, Trivandrum – Appellant
Versus
Suresh Kumar – Respondent


Advocates:
K.P.G. Menon and N.James Koshy, for Appellant; G. Srikumaran Nair, P.K. Chinnan and S. Simon, for Respondent.

Judgement

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 heigh




















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