Date of filing: 08.04.2019 Date of Disposal: lZ,OL,2OZ6 BEFORE THE KARNATAKA STATE CONSUMER DISPUTES RE RESS LCO MISSION, B NGAL RU (PRINCIPAL BENCH)

DATED: 17th DAY OF JANUARY 2o26 CORAM: HON,BLE MT. JUSTICE T.G. SHIVASHANKARE GoWDA - PRESIDENT and HON,BLE MTs. DIVYASHREE M - LADY MEMBER sc/29/ At69t/20L9 BETWEEN:

1. Bangalore Electricity Supply Company Ltd Rep by its Executive Engineer Chitradu rga

2. Bangalore Electricity Supply Company Ltd Rep by its Executive Engineer Chitrad u rga ........ APPELLANT/S (By Sri.Prashanth.T.pandith, Advocate)

AND:

1. Smt. Marakka W/o Shivanna Aged about 58 years

2. Sri.Shivanna S/o Marappa Aged about 66 years

3. Smt. Rekha. R W/o Basavaraj @ Basavarajappa Aged about 26 years All are residing at : Chikkappanahalli Village Madanayakanahalli Hobli Tq & Dist: Chitradurga - 577527 (By Sri.Pramod, Advocate)

4. Smt.Leelavathi W/o Murugendrappa Age : Major, Mallapura Chitradurga - 577527 (By Sri.Gururaja, Advocate)

RESPONDENT/S ORAL ORDER (PER: HoN'BLE Mr. JUSTT.E T.c. sHTvAsHANKARE GowDA, pRE'TDENT)

This appeal is filed under section 15 of the Consumer Protection Act, 1996 challenging the order dated 28.02.2019 passed in CC/220/2O18 by the District Consumer Dispute Redressal Forum Chitradurga (in short the District Commission).

2, The appellants were the OP-1 and 2 and Respondent Nos-1 to R-3 were the Complainants and R-4 was the Op-3 before the District Commission. The rank of the parties shall be refereed to as per their status report before the District Commission.

3.

The brief facts of the case are that, OP-3 is the owner of the building situated at Mallapura village, Chitradurga Taluk. One Mr.Basavaraju alias Mr, Basavarajappa (in short the

2 deceased) the Complainant No.1 and are the parents and Complainant No.3 is the wife of the deceased. In the year 2018 OP-3 has undertaken construction of house in her village Mallapura and she has engaged the services of the deceased for painting work of the said building.

On

13.04.2018 at about at 1.00 P.M while the deceased was painting the building of the OP-3 he came in contact with the live electric wire drawn across the house, suffered electrocution and he died at the spot.

4. The OP-1 & 2 who were expected to maintain properly power line have drawn the electric line dangerously which caused the death of the deceased. On account of death, the Chitradurga Rural Police have registered a UDR No.000B/2018 and investigated the matter. The village elders have compromised the matter with the complainants and OP-3, OP-3 has paid a sum of Rs.4,00,000/- to them. The complainants have filed the complaint against the Op-1 & 2 making OP-3 as the party.

5. Before the District Commission Op-l & 2 have filed the version admitting the incident but they contended that, Op- 3 as not obtained any permission for construction of the house or made any application for seeking shifting of the electricity line before constructing the house. The Op-3 in violation of the Municipal License and also the Electricity Act and Rules allowed the painter to paint the building inspite of there is a danger to the life and due to which the painter came in contact suffered electrocution and sustained injury causing death, there is complete negligence on the part of OP-3 and for this reason OP-3 has accepted the deficiency and paid the compensation of Rs.4,00,000/- and there is no deficiency on their part and sought for dismissal of the com p la int.

6. The OP-3 in her version as contended that, the Op-1 & 2 have drawn the electrical line near her site. At the time of construction she gave a petition to the Op-1 & 2 for removal of the electrical line or for shifting as it is affecting the construction of the house. Though they have agreed to shift the electrical line they did not do it, While the deceased was painting the building came in contact with the electrical line, sustain shock and died at the spot, complete negligence is on the part of Op-1 & 2. As a humanitarian grounds and as per the advice of t