SIDDAGANGAMMA Vs. SUPERINTENDENT ENGINEER

JUDGEMENT

(1.) Challenging impugned judgment and decree dtd. 25/6/2018 passed in R.A.No.142/2017 by VI Addl. District and Sessions Judge, Tumakuru, by modifying judgment and decree dtd. 3/3/2017 passed in O.S.No.43/2015 by Prl. Senior Civil Judge & CJM, Tumakuru, this second appeal is filed by appellants.

(2.) Appellants were plaintiffs no.1 to 6 in suit and respondents no.1 to 6 in first appeal. Whereas, respondent was defendant in suit and appellant in first appeal. For sake of convenience, parties shall hereinafter be referred to as per their ranks in trial Court.

(3.) O.S.No.43/2015 was filed by plaintiffs claiming compensation on account of death of Ranganath due to electrocution. It was their case that plaintiff no.1 is wife, plaintiffs no.2 to 4 are children and plaintiffs no.5 and 6 are parents of deceased Ranganath. It was averred in plaint that deceased was working as tenant under Bommegowda. While he was working in fields on 29/8/2009 at about 4.30 p.m., he came in contact with live electric wire lying in middle of paddy crop and due to electrocution, died at spot. Thereafter father of deceased lodged complaint with Sira police. Case was registered in UDR No.29/2009 against defendant and submitted final report. It was their case that death was on account of negligence of defendant, as defendant was bound to take precaution and maintain livewires in good condition. It was stated in plaint that defendant has paid Rs.1,00,000.00 to plaintiff towards cremation, transportation and other expenses and assured that they will give more compensation, but in vain. It was their case that deceased was sole bread earning member of family, due to his untimely death they were put to misery. Therefore, plaintiffs filed present suit against defendant for compensation.