HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
A.S.No.3514 of 2003
JUDGMENT:
This Appeal is filed aggrieved by the orders passed by the learned Senior Civil Judge, Karimnagar, in O.S.No.140 of 1997 dt.07-01-2003.
2. Heard Sri Zakir Ali Danish, learned Standing Counsel for TSNPDCL, appearing for the appellant. None appears for the respondents.
3. It has been contended by the appellant that the 1st respondent was a minor and it was alleged that he was suffered from electrical burns as he has come in live contact with the electricity wires erected on the terrace and due to which, he lost his both hands and therefore, he has filed O.S.No.140 of 1997 seeking compensation as he has lost his hands due to such an accident and the Court below without appreciating any of the contentions raised by the appellant has mechanically decreed the suit in favour of the 1st respondent and directed the defendant Nos.1, 2, 4 and 5 including the appellant (D-1) in the suit to pay 2 AKS,J A.S.No.3514 of 2003 an amount of Rs.2.00 lakhs towards compensation to be paid with with interest @ 12% per annum from the date of filing of the suit till its realization and out of Rs.2.00 lakhs of the said compensation, the appellant was directed to pay Rs.80,000/-, the Municipal Council, Karimnagar, was directed to pay Rs.80,000/- and Rs.40,000/- was directed to be paid by the defendant Nos.4 and 5.
4. Learned counsel for the appellant had contended that if the 1st respondent-boy has come into contact with the live wire, it is negligence on the part of the owner of the house i.e. D-3 to D-5 in the suit but not on the part of the appellant herein. This fact was not properly appreciated by the Court below and mechanically decreed the suit in favour of the 1st respondent. Therefore, appropriate orders be passed in the Appeal by setting aside the order of the Court below in O.S.No.140 of 1997 dt.07-01-2003 and allow the appeal.
5. This Court, having regard to the submissions made by the learned counsel for the appellant, is of the considered view that on 30-10-2003, this Court was pleased to grant interim 3 AKS,J A.S.No.3514 of 2003 suspension of the orders of the Court below in O.S.No.140 of 1997 dt.07-01-2003 directing the appellant to deposit an amount of Rs.1,80,000/- including the decreetal amount of Rs.80,000/- with interest @ 12% per annum within eight weeks from that date and the 1st respondent was also permitted to withdraw half of the said amount as admittedly the 1st respondent was suffered burn injury and that the Court below was justified in decreeing the suit in favour of the 1st respondent and a mere amount of Rs.80,000/- was decreed in favour of the 1st respondent who was admittedly suffered burn injuries resulting his loss of both hands. Therefore, this Court is not inclined to interfere with the orders passed by the Court below in O.S.No.140 of 1997 dt.07-01-2003 and accordingly the appeal is liable to be dismissed.
6. In the result, the Appeal is dismissed. No costs.
7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
______________________________________ JUSTICE ABHINAND KUMAR SHAVILI Date: 15-03-2023 kvr