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2013 Supreme(Ker) 438

THOTTATHIL B.RADHAKRISHNAN, P.BHAVADASAN
Secretary, Kerala State Electricity Board – Appellant
Versus
T. Subhadra – Respondent


Advocates appeared:
For the Appellants: P. Santhalingam, SC for KSEB.
For the Respondents:R1 to R3, R.S. Kalkura, Advocate.

Judgment :

Thottathil B. Radhakrishnan, J.

1. Kerala State Electricity Board and its officer are in appeal against the decree passed in a suit for damages for loss caused due to the electrocution of the predecessor-in-interest of the respondents.

2. Vinod Kumar was electrocuted in the morning of 23.7.2001 when he came in contact with live wire line which had snapped from its alignment. The incident is not disputed. Appellants pleaded that natural calamity resulted in the incident and there is no culpable negligence. That plea was found against. Applying the doctrine of strict liability, that defence had to fail - See, Quebec Rly., Light, Heat and Power Co. Ltd. v. Vandry [1920 AC 662], W.B.SEB v. Sachin Banerjee [(1999) 9 SCC 21], M.P. Electricity Board v. Shail Kumari [(2002) 2 SCC 162] and Varghese and another v. K.S.E.B. [ILR 2013 (2) Ker.99].

3. The court below granted an amount of Rs.2 lakhs as damages with interest at 12% per annum from the date of the incident till date of decree and future interest therefrom at 6% per annum.

4. This appeal was admitted condoning delay of 435 days on payment of costs. With no defence to that effect before the court below or in the appeal as







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