w w w . L a w y e r S e r v i c e s . i n



Andhra Pradesh Eastern Power Distribution Company Ltd., AP. & Others v/s Kimudu Monu & Others


Company & Directors' Information:- U. P. POWER CORPORATION LIMITED [Active] CIN = U32201UP1999SGC024928

Company & Directors' Information:- D B POWER LIMITED [Active] CIN = U40109MP2006PLC019008

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Active] CIN = L40105WB1919PLC003263

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Amalgamated] CIN = U40101WB2003PLC097340

Company & Directors' Information:- B L A POWER PRIVATE LIMITED [Active] CIN = U40102MH2006PTC165430

Company & Directors' Information:- EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED [Active] CIN = U40109AP2000SGC034117

Company & Directors' Information:- L V S POWER PRIVATE LIMITED [Active] CIN = U40100TG1996PTC023552

Company & Directors' Information:- S L S POWER CORPORATION LIMITED [Active] CIN = U40109AP2005PLC047008

Company & Directors' Information:- S L V POWER PRIVATE LIMITED [Active] CIN = U40102KA2002PTC030448

Company & Directors' Information:- S. E. POWER LIMITED [Active] CIN = L40106GJ2010PLC091880

Company & Directors' Information:- D C POWER LIMITED [Strike Off] CIN = U40109TG1996PLC025996

Company & Directors' Information:- POWER CORPORATION OF INDIA LIMITED [Amalgamated] CIN = U50101WB1997PLC084060

Company & Directors' Information:- B V POWER PRIVATE LIMITED [Active] CIN = U40106DL2011PTC213428

Company & Directors' Information:- R AND H POWER COMPANY PRIVATE LIMITED [Active] CIN = U51109UP1965PTC003067

Company & Directors' Information:- B R POWER LTD [Active] CIN = U40106WB1995PLC073567

Company & Directors' Information:- N M S POWER PRIVATE LIMITED [Active] CIN = U51109WB1999PTC089747

Company & Directors' Information:- P R B POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG1995PTC020647

Company & Directors' Information:- S V G POWER PRIVATE LIMITED [Active] CIN = U40300AP2012PTC084435

Company & Directors' Information:- INDIA POWER PRIVATE LIMITED [Active] CIN = U31900DL1995PTC070096

Company & Directors' Information:- M POWER INDIA PRIVATE LIMITED [Active] CIN = U31908MH2012PTC234343

Company & Directors' Information:- A N S INDIA POWER PRIVATE LIMITED [Active] CIN = U51101DL2014PTC266873

Company & Directors' Information:- P & M DISTRIBUTION PRIVATE LIMITED [Active] CIN = U51109WB2007PTC115999

Company & Directors' Information:- C R E M POWER PRIVATE LIMITED [Strike Off] CIN = U40101DL2001PTC111631

Company & Directors' Information:- D T POWER PRIVATE LIMITED [Strike Off] CIN = U40300AP2015PTC097226

Company & Directors' Information:- G S POWER LIMITED [Strike Off] CIN = U40102KA2010PLC054033

Company & Directors' Information:- POWER AND POWER PVT LTD [Active] CIN = U31300AS1989PTC003282

Company & Directors' Information:- P D M POWER PRIVATE LIMITED [Active] CIN = U40104AS2014PTC011780

Company & Directors' Information:- S B S POWER PRIVATE LIMITED [Strike Off] CIN = U40100AP2012PTC083965

Company & Directors' Information:- B & G POWER LIMITED [Active] CIN = U40105PB2010PLC033765

Company & Directors' Information:- S POWER PRIVATE LIMITED [Active] CIN = U19202DL1986PTC026505

Company & Directors' Information:- G M POWER PRIVATE LIMITED [Strike Off] CIN = U40105PN2003PTC017857

Company & Directors' Information:- POWER INDIA PVT LTD [Strike Off] CIN = U31102WB1983PTC036315

Company & Directors' Information:- S AND S POWER PRIVATE LIMITED [Active] CIN = U40109PY2004PTC001824

Company & Directors' Information:- U S POWER PRIVATE LIMITED [Under Process of Striking Off] CIN = U40103MH2009PTC189364

Company & Directors' Information:- S & E DISTRIBUTION PRIVATE LIMITED [Strike Off] CIN = U74999TZ2014PTC020161

Company & Directors' Information:- AP INDIA PRIVATE LIMITED [Active] CIN = U51909DL2013PTC250218

Company & Directors' Information:- M V T DISTRIBUTION PRIVATE LIMITED [Active] CIN = U74900KA2015PTC078055

Company & Directors' Information:- K P M POWER PRIVATE LIMITED [Strike Off] CIN = U40102KA2008PTC046804

Company & Directors' Information:- POWER-X PRIVATE LIMITED [Strike Off] CIN = U99999DL1970PTC005331

Company & Directors' Information:- S K POWER INDIA PRIVATE LIMITED [Strike Off] CIN = U31101KA2006PTC039172

Company & Directors' Information:- R G D POWER PRIVATE LIMITED [Strike Off] CIN = U41000TG1996PTC023809

Company & Directors' Information:- M M R POWER PRIVATE LIMITED [Active] CIN = U31104DL2008PTC174079

Company & Directors' Information:- S J POWER PRIVATE LIMITED [Strike Off] CIN = U45207HR2012PTC045937

Company & Directors' Information:- T C POWER PRIVATE LIMITED [Strike Off] CIN = U40101PB2009PTC033405

Company & Directors' Information:- H. & T. POWER PRIVATE LIMITED [Active] CIN = U40106MH2016PTC287646

Company & Directors' Information:- S & O POWER PRIVATE LIMITED [Active] CIN = U40107MH2010PTC206447

Company & Directors' Information:- C L M DISTRIBUTION PRIVATE LIMITED [Strike Off] CIN = U51909MH2003PTC142339

Company & Directors' Information:- V D M-POWER PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262999

Company & Directors' Information:- A C R POWER PRIVATE LIMITED [Strike Off] CIN = U74900UP2010PTC040987

Company & Directors' Information:- EASTERN CO PVT LTD [Active] CIN = U74140WB1943PTC011182

Company & Directors' Information:- W N POWER PRIVATE LIMITED [Strike Off] CIN = U40101JK2013PTC004009

Company & Directors' Information:- C K S POWER PRIVATE LIMITED [Strike Off] CIN = U40101KA2010PTC052199

Company & Directors' Information:- G C I POWER PRIVATE LIMITED [Active] CIN = U40107KA2010PTC053656

Company & Directors' Information:- R. C. POWER PRIVATE LIMITED [Strike Off] CIN = U40100GJ2009PTC058005

Company & Directors' Information:- J R J POWER PRIVATE LIMITED [Active] CIN = U40300GJ2015PTC082396

Company & Directors' Information:- D V N POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG2007PTC053069

Company & Directors' Information:- EASTERN CORPN PVT LTD [Strike Off] CIN = U51109WB1936PTC008577

Company & Directors' Information:- A. R. POWER PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC161616

    Revision Petition Nos. 4898, 4956 of 2012

    Decided On, 30 June 2020

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR.JUSTICE V.K. JAIN
    By, PRESIDING MEMBER

    For the Appearing Parties: Surekha Raman, AdvocateAmicus Curiae, Sunil Kumar Ojha, Advocate.



Judgment Text


Oral:

Late Sh. Kimudu Pinnaya was a resident of village Boddautta. In the morning of 25.07.2008 he while going to the fields on the outskirts of village got electrocuted and died. The case of the complainants is that he came into contact with a detached electric wire from the supply-line of Andhra Pradesh Eastern Power Distribution Company Ltd. (hereinafter referred to as “the power company”) and died. The complainants, who are the legal heirs of the deceased were not given any compensation by the power company and, therefore, they approached the concerned District Forum by way of a consumer complaint.

2. The complaint was resisted by the power company primarily on the ground that there was no negligence on the part of its employees and the unfortunate incident had occurred on account of the deceased having touched the conductor of an unauthorized extension of the main line. There was heavy rains in the previous night which had resulted in the detachment of the conductor.

The District Forum allowed the consumer complaint and directed the power company to pay a sum of Rs. 2,60,000/- to the complainants as compensation with interest.

3. Being aggrieved from the order passed by the District Forum the power company approached the concerned State Commission by way of an appeal. Vide impugned order dated 07.09.2012 the State Commission partly allowed the appeal and reduced the compensation to Rs. 1,30,000/- along with interest @ 9% p.a. w.e.f. 26.07.2008 with costs quantified at Rs. 2,500/-. Both the parties are dissatisfied with the order passed by the State Commission and, therefore, have approached this Commission by way of these cross appeals.

4. The thrust of the argument of the learned counsel for the power company is that the incident in which the deceased lost his life happened on account of his coming into contact with a detached conductor of an unauthorized extension of the power supply. This is also the case of the power company that the conductor had got detached from the regular power supply of the power company and, therefore, they cannot be made to pay any compensation, they not being in any manner responsible for the death of the deceased.

5. A perusal of the report into this incident prepared by none other than the power company would show that the deceased had touched the live conductor while going on the fields and had died on account of electrocution. It is also noted that there was no complaint received regarding theft of the conductor. In my view, the negligence on the part of the power company cannot be denied even if it is assumed that the conductor had got detached the previous night from an unauthorized extention of the power supply. It was duty of the power company to ensure that no unauthorized extension is taken by anyone from its regular power supply. Had the power company been vigilant and its employees performed their duty, the alleged unauthorized extension would have been removed by them as soon as it was taken. Had that been done, this incident would not have happened. Therefore, the responsibility for the death of the deceased cannot be denied by the opposite party.

6. In FA No. 192 of 2017 CJ Vijaya Kumari & 3 Ors. Vs. Assistant Engineer, APSPDCL and Ors. dated 27.01.2020, late Shri C.J. Krishna, husband of complainant No.1 and father of complainants No. 2 to 4 was going on a Moped to attend his duty in Tirupathi on 22.4.2011. When he reached Manglampet Road at about 5.30 a.m., he came into contact with a live 11 KV electrical wire and died. Alleging deficiency on the part of the APSPDCL (Andhra Pradesh Southern Power Distribution Company Ltd.), the complainants approached the concerned State Commission by way of a consumer complaint, seeking compensation. It was also alleged in the complaint that the respondents APSPDCL had not properly supervised the live wire, which got disconnected from the pole and caused death of the deceased. Dealing with the submission that the deceased was not a consumer, this Commission inter alia held as under:-

16. Though, it has been contended by the APSPDCL that the deceased cannot be said to be a consumer of the Corporation, I find no merit in the contention. It is not in dispute that APSPDCL was entrusted with the distribution and management of the electric supply in Tirupathi. The Corporation charges for the electricity which it supplies for various purposes such as domestic purposes, commercial purposes and industrial purposes, though it may or may not be charging for the street lighting provided in the town. One possibility that it was charging from the concerned Municipality, whereas other possibility is that the cost of the providing street lights was being met by APSPDCL, out of the revenue, which it was collecting from those to whom electric connections were provided by it for different purposes. Either way, the Corporation would be a service provider for consideration though; the consideration may have been received either from the concerned Municipality or from the consumers to whom electricity was being supplied by it for domestic, commercial and industrial purposes. A guidance in this regard may be taken from the decision of the Hon’ble Supreme Court in Indian Medical Association Vs. V.P. Shantha & Ors., (1995) 6 SCC 651 wherein the context of medical negligence in respect of a patient who is not charged in a hospital, the Hon’ble Supreme Court inter-alia held as under:

“55. On the basis of the above discussion, we arrive at the following conclusion:

(8) Service rendered at a non-government hospital/nursing home where charges are required to be paid by persons who are in position to pay and persons who cannot afford to pay are rendered service free of charge would fall within the ambit of the expression ‘service’ as defined in Section 2(1)(o) of the Act irrespective of the fact that the service is rendered free of charge to persons who are not in a position to pay for such services. Free service, would also be ‘service’ and the recipient a ‘consumer’ under the Act.”

17. In C.G.M., P & O, NPDCL & Ors., Koppu Duddarajam & Anr. IV (2008) CPJ 139 (NC) a live high tension wire fell on farmer sitting in front of Gram Panchayat office, resulting in his death. A consumer complaint, alleging negligence on the part of the NPDCL, Warangal was filed. The complaint was contested by the company, which claimed that the electricity wire had suddenly fallen on the roof of the Gram Panchayat building into a gale. Dismissing the revision petition filed by the company, this Commission inter-alia held that the deceased was a consumer under the Consumer Protection Act since village Panchayat was paying for the electricity supply to its office as well as for the street lights and the villagers were paying taxes to the village panchayat.”

7. Coming to the quantum of compensation, the State Commission reduced the compensation from Rs. 2,60,000/- to Rs. 1,30,000/- without any justification. Even if the deceased was earning only Rs. 3,000/- per month or even the minimum wages for semi-skilled or unskilled workers the compensation awarded by the District Forum cannot be said to be on the higher side and did not warrant any kind of reduction by the State

Please Login To View The Full Judgment!

Commission. 8. During the course of hearing the learned Counsel for the complainants submitted that even the ex-gratia compensation has since been revised and presently the same is Rs. 5,00,000/-. The compensation awarded by the District Forum, which the Complainant had not challenged also comes to almost the same amount, if interest is added to the compensation. Considering all the facts of the case the revision petitions are disposed of with a direction to power company to pay a sum of Rs. 5,00,000/- to all the complainants together, within six weeks from today failing which the said amount shall carry interest @ 9% p.a. from the date of this order. 9. The registry is directed to pay the fees of the amicus curiae, if not already paid, as per the guidelines adopted by this Commission.
O R