JUDGMENT

T.R. Ramachandran Nair, J.

Both these appeals arise from the judgment and decree in O.S.

No.1076/1991 before the Principal Sub Judge's Court, Thiruvananthapuram. A.S. No.159/2002 is filed by the first defendant in the suit and R.F.A.

No.140/2003 is filed by the second defendant in the suit.

2. The suit is one for damages. The claim arose consequent on the electrocution of one Sreekumaran Nair on 8.10.1986. The first plaintiff in the suit is his father and the other plaintiffs are his mother and sisters. The deceased was employed by the first defendant in the construction of his house. The deceased was working as a helper. At about 11.30 a.m. While the deceased was engaged in the plastering work of the rear side of the wall in the first floor of the house along with three other workers, he was electrocuted and the scaffolding on which he was standing tilted and G.I. Pipe used as horizontal pipe came into contact with the 11 K.V. line. The total claim was to the tune of Rs.1,44,000/-.

3. The first defendant in the suit is the owner of the building, the AS 159/2002 & RFA 140/03 -2-

second defendant is the Commissioner, Corporation of Thiruvananthapuram and third defendant is the Ker