SUPERINTENDENT ENGINEER MPEB Vs. REETA URMALIA

JUDGEMENT

(1.) Being aggrieved by the judgment and decree dated 10.07.92, passed by the IVth Addl. District Judge to the court of District Judge, Bilaspur, in Civil Suit No. 40-A/1990, whereby the suit filed by the Respondents for realization of Rs. 2,40,000/- as compensation was decreed and a sum of Rs. 96,000/- was awarded to the Respondents along with interest @ 12 percent per annum from the date of suit, present appeal has been filed.

(2.) Brief facts in nutshell are that: a suit was filed alleging that the Respondents are dependents of deceased Suryabhan, who died on 29.08.1985 at about 8:30 PM when he came in contact with live electric wires which were lying on the Mission Hospital Road, Bilaspur. It was alleged that the accident, in which the deceased Suryabhan died, occurred because the Appellant failed in its duty in maintaining the electric line, hence the Respondents are entitled for compensation. It was also alleged that the deceased was Pujari in Venkatesh Mandir and was earning Rs. 1000/- per month.

(3.) The suit was contested by the Appellant by filing written statement in which it was not disputed that Suryabhan died due to electrocution. However, it was alleged that the accident occurred because of circumstances beyond human control as it was dark, rainy and stormy evening when the deceased contacted live current wires which may have fallen all of a sudden. It was alleged that electrocution cannot be attributed any fault on the part of the Appellant/Board who has taken all possible steps to keep it under proper repair and maintenance.