IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 RFA.No. 568 of 2006() --------------------- OS.204/2003 of ADDL.SUB COURT, ALAPPUZHA .................... APPELLANTS/DEFENDANTS ------------------------------- 1. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. ASSISTANT EXECUTIVE ENGINEER, KSEB, ELECTRICAL MAJOR SECTION, AMBALAPUZHA. BY ADV. SRI.JOSE J.MATHEIKEL, SC, KSEB SRI. ASOK M.CHERIYAN, SC, KSEB RESPONDENTS: PLAINTIFFS ----------------------- 1. VASU, S/O.KRISHNAN, PATHILCHIRA (H), KAKKAZHAM, WARD VI, AMBALAPUZHA, NORTH PANCHAYATH (DIED). 2. MAHIMA, D/O.RAJAMMA, PATHILCHIRA (H), DO. DO. 3. MAHESH, S/O.VASU, PATHILCHIRA (H), DO. DO. 4. MAYA, D/O.RAJAMMA, PATHILCHIRA (H), DO. DO. 5. PUSHPANGATHAN, S/O.PARAMMU, KONANPURAIKAL, KAKKAZHAM, WARD NO.V., AMBALAPUZHA PANCHAYATH, AMBALAPPUZHA. (THE RESPONDENTS 2 TO 4 ARE MINORS AND THE 5TH RESPONDENT IS IMPLEADED AS THE NEXT FRIEND OF THE MINOR RESPONDENTS 2 TO 4 AS PER I.A.514/03 DT.21/7/03 IN O.S.NO.204/2003). BY AMICUS CURIAE, MS.GEETHA P.MENON THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN, JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ R.F.A.No.568 of 2006-C & C.M.Appln.No.1374/2006 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 10th day of March, 2008 J U D G M E N T P.R.RAMAN, J. C.M.Appln.No.1374/2006 is an application for condonation of delay of 386 days in filing the appeal. The affidavit filed in support thereof by the Assistant Executive Engineer, however, does not disclose any valid reason for condonation of delay. Admittedly, the decree was passed on 30/09/2004 but certified copy was applied for only on 11/08/2005 and the copy was issued on 05/09/2005. There is no explanation, whatsoever, as to how the delay occurred in making the application for certified copy. Even further, after obtaining the certified copy also there is delay in submitting this R.F.A. We do not find any prima facie case. This is a case where damages awarded to the legal representatives of the deceased lady, who, while she was proceeding to her place of employment, died due to electrocution. Negligence on the part of the defendants and the persons under their employment was proved. The court quantified damages, fixing the monthly income of the petitioner as Rs.2500/- based on the acceptable evidence produced R.F.A.No.568 of 2006-C & C.M.Appln.No.1374/2006 -: 2 :- in the case. Damages were also quantified taking into consideration all relevant facts. 2. As a matter of fact, though notice was issued, respondents did not chose to appear by engaging a counsel. Hence, this Court appointed Ms.Geetha P.Menon as Amicus Curiae, who assisted the court. It was pointed out by the learned Amicus Curiae that this is a fit case where mere amount of compensation ought to have been awarded under the head funeral expenditure as well as loss of consortium which are ordinarily available as per the II Schedule of Motor Vehicles Act. Though this is a death caused by electrocution, the principles contained in the matter of awarding damages should be equally applied to this case also. But, since we are not entertaining the appeal, it may not be appropriate to consider claim for enhancement. In the result, we dismiss C.M.Appln.No.1374/2006. Consequently, the Regular First Appeal also stands dismissed. We appreciate on record the service rendered by Ms.Geetha P.Menon as Amicus Curiae. P.R.RAMAN, Judge V.K.MOHANAN, Judge ms