Date of filing: 18.09.2018 Date of Disposal: 16.09.2025 BEFORE THE CIRCUIT BENCH KALBURGI STATE CONSUMER DISPUTES REDRESSAL COMMISSION, KARNATAKA DATED: 16^TH DAY OF SEPETEMBER 2025 CORAM: HON’BLE Mr. JUSTICE T.G. SHIVASHANKARE GOWDA –

PRESIDENT and Mrs. DIVYASHREE M – LADY MEMBER RBT/A/1464/2018 BETWEEN:

The Executive Engineer, Gulbarga Electricity Supply Company (GESCOM), Bidar Division, BIDAR - 585 403 …….. Appellant/s (By Sri.Mahesh.S.Patil, Advocate)

AND:

Bhimanna S/o Malshetty, Aged about 64 years, Occupation:Agriculture, Residing at: Village Nittur (B), Taluk Bhalki District Bidar - 585 403 …….. Respondent/s (Respondent served-absent)

O R A L O R D E R

(PER: HON’BLE Mr. JUSTICE T.G. SHIVASHANKARE GOWDA, PRESIDENT)

This appeal is filed Under Section 15 of CP Act 1986 challenging the order dated 19.03.2018 passed in CC/59/2017 by District Consumer Disputes Redressal Forum Bidar (In short the District Commission).

2. The appellant was the opposite party and the respondent was the complainant before the District Commission. The Rank of the parties shall be referred to as per their status before the District Commission.

3. This appeal is coming up for admission today. We have heard the arguments of learned counsel for appellant and perused the materials on record. Since the Respondent is remained absent inspite of service of notice, we have taken up this Appeal for final disposal.

4. The material facts coming out of the records is that the complainant is the owner of the milching she buffalo. On 03.07.2017 at 3.30 pm while the she buffalo was grazing in the land of the complainant the electrical pole installed in the said land fell down due to which the she buffalo came in contact with the live electrical wire, sustained the electrical shock and died. The opposite party is responsible for the electrical line and due to their negligence the incident occurred and therefore asking for compensation of Rs.1,00,000/- the complainant has approached the District Commission.

5. The opposite parties have contested the claim by filing the version denying that the complainant is not the owner in survey No.122 where the incident took place. They have also denied the cause of death of buffalo and accident was not occurred on their negligence and sought for dismissal of the complaint.

6. Before the District Commission the complainant examined himself as PW-1 and marked 16 documents as Ex P- 1 to P-16. On behalf of the respondent, one witness filed the affidavit as RW-1. The District Commission after hearing on both the parties relying on postmortem report, allowed the complaint and awarded the compensation of Rs.60,000/- with interest @12% p.a and also litigation expenses of Rs.5,000/-. Aggrieved by the same the opposite parties have preferred this appeal.

7. It is the contention of the learned counsel for opposite party that the accident was not occurred due involvement of electricity line, there is no proper evidence that the cause of death was on account of electricution. The District Commission has disproportionately estimated the value of buffalo at Rs.60,000/-, awarded the excess rate of interest and he sought for modification.

8. We gave our anxious consideration on arguments addressed on behalf of opposite party and perused the records.

9. The material on record clearly point out that on

03.7.2017 at about 3.30 pm there was an incident in survey No.122, where the electric pole was come down to the ground, she buffalo which was grazing in the land came in contact with the live wire, suffered shock and it was died. The complainant has relied up on the police complaint filed as per exhibit P-1, mahazar conducted by the police as Exhibit P-2 and also the statement of witness as per P-10.

10. Exhibit P-3 is the postpartum report conducted by the veterinary officer point out the cause of death was due to respiratory failure, resultant of cardiac arrest due to severe electric shock. The cause of death is explained and the veterinary officer also assesse