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2010 Supreme(Ker) 593

THOTTATHIL B.RADHAKRISHNAN, P.BHAVADASAN
Kunjan Raghavan – Appellant
Versus
Kerala State Electricity Board, Trivandrum, Represented by its Secretary, Kerala Electricity Board, Thiruvananthapuram – Respondent


Advocates appeared:For the Petitioner:Siby Mathew, Wilson Urmese, Advocates. For the Respondent:P. Santhalingam, Advocate, C.K. Karunakaran, (SC for KSEB).

Judgment :-

Thottathil B. Radhakrishnan, J,

C.R.

Appellants sued the Kerala State Electricity Board and its officer claiming damages for the alleged electrocution of their son, Shibu, on 27.7.1989. Then aged 20 years, he had studied upto SSLC and was employed in an electrical shop drawing daily wages at the rate of Rs.50/-. The plaintiffs pleaded that while the deceased and his friends, P.Ws.3 and 4, were swimming and playing with the aid of inflated rubber tube in paddy fields behind a Government U.P. School, which remained flooded due to rains, the deceased came into contact with a live electric supply line that was hanging close to water and resultantly succumbed. They attributed Shibu's death to the negligence of the defendants and claimed damages assessed as Rs.1,20,000/- towards loss of income, Rs.7,500/- for pain and suffering, Rs.10,000/- towards loss of love and affection, Rs.5,000/- towards funeral expenses and Rs.1,500/- towards other expenses.

2. Defendants contended that the deceased was playing with his friends in the flooded paddy field and there was sufficient clearance between the wire and water level and that is why the line was not switched off. They denied the al



























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