RAMESHWARI Vs. JUNIOR/ASSISTANT ENGINEER, CSEB

JUDGEMENT

(1.) By this appeal the appellants/plaintiffs would call in question the legality and validity of the impugned judgment and decree dtd. 28/7/2023 passed by the District Judge, Balodabazar, District Balodabazar, in civil suit No.01-A/2020 whereby the suit preferred by the plaintiffs claiming compensation against electrocution death of Hemant Dhruw (since deceased) was dismissed. The appellants, who are legal heirs of the deceased, are present before this Court against such dismissal.

(2.) In order to advance the cause of justice Mr. Pranjal Agrawal, Advocate, who was present in the Court on the earlier occasion, was requested to assist the Court as amicus curiae. He argued the case. Mr. Pranjal Agrawal was assisted by Mr. C.R. Sahu, original counsel for the appellants. Respondents No.1 & 2 are represented by Mr. Raja Sharma, Advocate. Respondent No.3 is represented by the State counsel.

(3.) The facts of this case, in brief, which led to filing of civil suit, are that one Hemant Dhruw, resident of village Jhonka, was working as a labour and used to look after his entire family, who are the appellants (legal heirs) herein. According to the plaintiffs, the deceased used to earn Rs.7,000.00 per month, which would have increased with the passage of time. On 22/2/2014 at Village Jhonka, because of heavy rains and storm one of the electric wire, which had a connection from the transformer, fell down on the ground wherein electricity flow continued. On 22/2/2014 at about 5:00 a.m. the deceased went to answer the nature's call and got into contact with the scattered wire, wherein he sustained severe injuries due to electrocution and initially he was referred to the Government Hospital at Balodabazar. Subsequently, he was referred to the higher center, however, during the course of treatment the deceased succumbed to the injuries on 28/2/2014. On account of sudden demise in harness, the merg was registered and in the postmortem cause of death was affirmed due to electrocution. Statement was given by the villagers that it was because of the fault on the part of the Electricity Department. Subsequently, after a gap of almost five years, notices were exchanged by the legal heirs claiming compensation and the suit was eventually filed claiming compensation to the tune of Rs.25,00,000.00.