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2014 Supreme(Ker) 353

THOTTATHIL B.RADHAKRISHNAN, A.MUHAMED MUSTAQUE
Mathew Varghese – Appellant
Versus
Kerala State Electricity Board, represented by its Secretary – Respondent


Advocates appeared:
For the Appellants:B. Krishnamani, Advocate.
For the Respondents:R1 & R2, P. Santhalingam, Senior Advocate, S. Saran, Advocate, Noble Mathew, Sr. Govt. Pleader.

Judgment :

Muhamed Mustaque, J.

1. The original appellant filed a suit claiming compensation against the Kerala State Electricity Board (hereinafter referred to as the “Board”), on account of injuries sustained by him. The suit was dismissed for want of proof of negligence against the Board.

2. The original appellant died and his legal heirs are now impleaded as additional appellants 2 to 5.

3. We have heard the learned counsel for the appellant and the learned standing counsel for the Board.

4. The alleged incident occurred on 23.4.1999, while the original appellant/plaintiff was riding a Suzuki Motor Cycle along M.C. road from Kottayam to Changanassery. According to the plaintiff, a stay wire of the nearby electric pole, removed from the pole, was lying loose on the eastern side of the road and his left foot got entangled in the loose wire and, on account of the impact of the accident, it severed at midtarsal joint. The Board denied the cause of the accident. The plaintiff relied on Ext.A17 F.I. Statement, Ext.A18 Mahazar, Exts.A25 and A25(a) photographs and negative and Exts.A14(a) and A15 reports in the news papers to prove the cause of the accident. The court below while dism

















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