IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 RFA.No. 596 of 2009() --------------------- OS.7/2004 of SUB COURT,THODUPUZHA .................... APPELLANTS: DEFENDANTS 3 AND 4: --------------------------------------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, K.S.E.BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SUB DIVISION, CHITHIRAPURAM, MUNNAR. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB RESPONDENT(S): PLAINTIFFS AND DEFENDANTS 1 & 2 AND 5: ---------------------------------------------------------------------------------------------- 1. BHASKARAN NAIR, AGED 59 YEARS, S/O.GOPALAN NAIR, 8TH LANE, NALLATHANNI ESTATE, WEST DIVISION, MUNNAR. 2. OMANA, AGED 47 YEARS, W/O.BHASKARAN NAIR, 8TH LANE, NALLATHANNI ESTATE, WEST DIVISION, MUNNAR. 3. VINOD KUMAR, AGED 31 YEARS, S/O.BHASKARAN NAIR, 8TH LANE, NALLATHANNI ESTATE, WEST DIVISION, MUNNAR. 4. BINDU, AGED 26 YEARS, D/O.BHASKARAN NAIR, 8TH LANE, NALLATHANNI ESTATE, WEST DIVISION, MUNNAR. Kss ..2/- ...2.... RFA NO.596/2009 5. UNION OF INDIA REPRESENTED BY THE SECRETARY, DEPARTMENT OF TELECOMMUNICATIONS, SANCHAR BHAVAN, NEW DELHI. 6. THE DIVISIONAL ENGINEER, B.S.N.L.OFFICE, MUNNAR. 7. BHARATH SANCHAR NIGAM LTD., ERNAKULAM TELECOMMUNICATION, ERNAKULAM S.S.A.REPRESENTED BY ITS PRINCIPAL GENERAL MANAGER, ERNAKULAM. (THE NAME OF ADDL.5TH DEFENDANT IS MENTIONED ONLY IN DECREE NOT IN THE JUDGMENT IN THE ABOVE ORIGINAL SUIT) R1 TO R4 BY ADV. SRI.MATHEW JOHN (K) R5 TO R7 BY ADV. SRI.C.S.RAMANATHAN, SC, BSNL THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL.B.RADHAKRISHNAN & P.BHAVADASAN, JJ. ------------------------------------------------------------------------ CM Appl.1630/09 & RFA No.596 of 2009-F ------------------------------------------------------------------------ Dated 6th September 2010 Judgment Thottathil.B.Radhakrishnan, J. Defendants 3 and 4 in the suit, respectively the KSEB and an Assistant Engineer in its service, are the appellants. They seek condonation of the delay of 309 days in filing this appeal against a decree passed in relation to a fatal accident. Defendants 1 and 2 are respectively, the Union of India and the Divisional Engineer, BSNL. The BSNL is impleaded as additional 5th defendant. On the basis of the evidence on record, including the stand taken by defendants 1 and 2, it was held by the court below that the deceased while working as a Labourer under defendants 1 and 2 and additional defendant 5, was electrocuted on account of electrical energy getting passed onto the telephone line, where he was working. It is even stated by defendants 1 and 2 that RFA 596/09 2 inspite of information passed on to the KSEB Authorities, the telephone lines remained to be energised. The court below fixed the compensation payable to the legal heirs of the deceased as Rs.1,40,000/- with 6% interest per annum from the date of the suit. The total compensation to be payable was apportioned as 50% to be payable by defendants 1, 2 and 5 and the balance 50% to be payable by defendants 3 and 4, who are the appellants herein. Having gone through the evidence in this case, we do not find any reason why the decree should not have been satisfied by this time. The National Litigation policy to exclude unnecessary litigations, should stand to advise the KSEB and the BSNL, to have satisfied the decree. We do not find any ground to condone the delay merely because the Board Authorities appear to have been not properly advised regarding the forum to which the appeal would lie. We would dismiss the application not because it lacks merits regarding the explanation for the delay, but since the appeal itself is without merits. Accordingly, the CM RFA 596/09 3 Application is dismissed and consequently, the RFA is also dismissed. THOTTATHIL.B.RADHAKRISHNAN, JUDGE P.BHAVADASAN, JUDGE sta RFA 596/09 4