CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED AND THE ASSISTANT EXECUTIVE ENGINEER (ELEC). SUPPLY CORPORATION LTD. Vs. SUDHA, HARSHITHA AND VEERESHA

JUDGEMENT

(1.) S . Abdul Nazeer, J 1. This appeal is directed against the judgment and decree in R.A. No. 14/2009 dated 15.10.2011 on the file of the District Judge at Chamarajanagara whereby the judgment and decree in O.S. No. 5/2008 dated 2.4.2009 on the file of the Civil Judge (Sr. Dn.) and CJM, Chamarajanagar has been confirmed. The appellants are the defendants in the suit and the respondents are the plaintiffs. For the sake of convenience, the parties are referred to by their respective ranking before the trial Court.

(2.) THE plaintiffs filed the above suit claiming compensation in a sum of Rs. 5 lakhs with costs and interest on account of the death of Mallanna, the husband of the first plaintiff and father of plaintiff Nos. 2 and 3. The case of the plaintiffs is that Mallanna had died on 1.11.2006 at about 6.00 a.m. due to electrocution. It is contended that Mallanna had gone to his land to bring Mulberry leaves. While he was going to his land through the land belonging to one Ratnamma, he came in contact with live electric wire, which was lying on the ground.

(3.) THE second defendant has filed the written statement denying the plaint averments. On the basis of the pleadings of the parties, the trial Court has framed the relevant issues. The first plaintiff was examined as P.W1 and documents Ex. P1 to Ex. P2 I have been marked in her evidence. The defendants have not let in any evidence. On appreciation of the materials on record, the trial Court has decreed the suit granting compensation of Rs. 4,26,000/ - with 6% interest from the date of the suit till the date of its realisation from defendant Nos. 1 to 3 jointly and severally. As noticed above, the first appellate Court has confirmed the judgment and decree of the trial Court.