The Superintending Engineer vs K.Arun Kumar
2023 Latest Caselaw 1251 Tel

  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