J U D G M E N T

A post carrying electricity supply line with an AB Switch Board was damaged when it was hit by the car owned and driven by the petitioner. The petitioner has concededly paid a fine of Rs.1,000/- pursuant to the order of the court of the Magistrate for negligent driving. That fine is the maximum amount that could be imposed for interrupting free supply of electricity under Section 25A of the Indian Telegraph Act , 1885.

2. The compensation for the loss suffered to the electric post and the switch board has to be separately recovered from the petitioner. The Kerala State Electricity Board for that purpose has to necessarily invoke the provisions of Section 166 of the Motor Vehicles Act , 1988. A claim petition would lie before the Motor Accidents Claims Tribunal by the owner of the property (the Electricity Board) to recover the compensation.

W.P.(C) No.9801 OF 2013

3. The petitioner contends that any such compensation awarded by the Tribunal would be indemnified by the insurer. There is no justification for the Electricity Board to unilaterally resort to revenue recovery proceedings for realisation of a sum of Rs.37,458/- towards the damages allegedly caused.

4. Exts.