CHHATTISGARH STATE POWER DISTRIBUTION CO. Vs. SEEMA KOSLE

JUDGEMENT

(1.) In the present case, the applicants/defendants have challenged the judgment and decree passed by the learned First Additional District Judge, Mungeli (C.G.) in Civil Suit No.2B/2019 dtd. 11/12/2023 whereby the civil suit filed by the plaintiff under Sec. 1-A of the Fatal Accidents Act, 1855 was allowed and compensation of Rs.17,51,319.00 was awarded in favour of the plaintiff.

(2.) In the present case, notices were issued to the plaintiff and defendant No. 3. The counsel appearing for the plaintiff raised an objection to the effect that the civil revision against the judgment and decree passed by the learned First Additional District Judge, Mungeli (C.G.) in a regular civil revision is not maintainable and an appeal would lie according to the provisions of Sec. 96 read with Order 41 of CPC.

(3.) The facts of the present case are that the plaintiff filed a civil suit before the learned Trial Court inter alia on the ground that on 25/7/2017 at about 12 at noon when the plaintiff was carrying water, she came in contact with 11KV wire hanging there and sustained grievous injuries on account of electrocution. It is further pleaded that she was taken to the Government hospital from where she was referred to Mahadev Hospital and thereafter to BTRC Hospital. The treating doctors amputated her left hand. It is pleaded that due to the negligent act of the Electricity Department i.e. defendants No. 1 & 2, she lost her left hand and thus, she claimed compensation to the tune of Rs.20,00,000.00 with interest @ 18% per annum.