The People's Court of the district of Ben Cau, province of Nin Ninh, has rightly dealt with the case of compensation for property infringement caused by the source of extreme danger caused by Mr. LTK (Long Thuan commune) with Mr. TVX in connection with the petition from Mr K. This is a very interesting case because the damaged house is a female buffalo.
Passing the power pole was shocked
According to the petition, Mr. K .: presented, as usual, in the early morning of 1-6-2017, he circled surrounded by seven buffaloes of the family to eat grass. On his way his buffalo must walk through Mr. X's house. When he placed the 8th pillar of the house of Mr. X, a female buffalo was electrocuted in its colony.
Immediately after the incident Mr. K. reported to the authorities, the police and representatives of the Long Thuan Commune People's Committee that they would take place to review and record the situation. The commune authorities organized a reconciliation between the two parties to compensate for the damage caused by the death of the buffalo, but failed.
Mr. K. filed a lawsuit in court in which he asked X to pay damages for the damage caused by an electric shock upon his death. According to Mr. K., the value of his buffalo when he is alive is 26 million. After the death of Mr. K, Mr. K sold 16 million VND, so that his actual loss was 10 million VND. That is why Mr. K. asked Mr. X to pay 10 million.
Mr. X. admits that he has signed a contract in 2016 to supply electricity with the electricity from the Ben Cau district. Because of the distance from the main line to his house he had to rent a pole to the house for lighting. The lease, he has not signed the contract, do not specify the warranty period.
Mr. X also identified the problem at his eighth pillar, there was the electric shock of Mr. K. but he has no fault in this incident. Therefore, he did not accept Mr. K.'s request to demand a compensation of 10 million.
Each party is subject to 5 million VND
Panel of the People & # 39; s Court in the district of Ben Cau has established that the cause of the electric shock death of Mr. K. is due to the electricity lines managed by Mr. X. The leakage of electricity from the wire that is connected from the pole to the ground. At this point, the passing buffalo of Mr. K. electrocuted to death, causing 10 million damage, as the plaintiff argued.
In view of the error, this is an unintended error, which not only reflects the wishes of Mr. X and Mr. K. Mr. X. He is the manager of the high-voltage line, but he does not know that the electricity is leaking after changing weather, wind and rain. According to Mr. X, however, he still has to pay compensation. With regard to Mr. K.'s debt, he grazed the buffalo from house to the meadow, but he did not have a buffalo wire to lead the buffalo along the road. It was part of his mistake to release the buffalo to land and to be electrocuted. Therefore, the damage caused by the electric shock of Mr. K electric shock, death is mixed, so both parties must be one in two.
According to the panel, for electricity company Ben Cau, an electric shock accident killed the buffalo in the power transmission line with Mr. X. Before the accident, the two parties signed a contract to purchase electricity. Mr. X undertakes to manage the power line after the meter to the main power grid. Therefore, the Ben Cau Power is not wrong, in case there would be no civil liability in the case.
On the aforementioned grounds, the panel accepted a part of Mr K.'s petition, which meant that Mr. X required a compensation of 5 million dong.
According to Minh Khanh (PLO)