CHAIRMAN, CHHATTISGARH STATE ELECTRICITY BOARD Vs. GHASIRAM

JUDGEMENT

(1.) This is defendants' appeal under Section 96 of the Code of Civil Procedure (for short 'the Code') challenging the judgment and decree dated 1-1-2009 passed by 3rd Additional District Judge (Fast Track Court), Raigarh in Civil Suit No. 6-B/2007 whereby a decree has been passed to the tune of Rs. 1,00,000/- along with interest @ 7.5 % per annum from the date of filing of suit till its actual payment. Brief facts of the case are that: On 15-1-2006 when Dolmati (since deceased) i.e. daughter of respondents No. 1 & 2 and sister of respondent No. 3 herein was going to collect cow dung from the field at village Dumar Muda, she came in contact with supporting iron wire of the electric pole in which electric current was flowing and due to electrocution she died on the spot itself.

(2.) Respondents i.e. parents and sister of deceased Dolmati have filed the suit claiming compensation against the appellants herein to the tune of Rs. 1,27,000/- for the death of deceased Dolmati.

(3.) The court below framed issues. In support of their case the, respondents examined Ghasiram (PW-1), Ballabh Chauhan (PW-2) and Balram (PW-3) whereas defendants examined one Mukesh Kumar Sahu, Assistant Engineer as D.W.-1.