GYANATI DEVI WD/O JAIPRAKASH SINGH Vs. CHAIRMAN, M.P. ELECTRICITY BOARD (NOW C.G ELECTRICITY BOARD, RAIPUR) DISTT. RAIPUR (C.G.)

JUDGEMENT

(1.) This appeal has been preferred against the judgement and decree dated 12-12-2003 passed by First Additional District Judge, Raigarh, District Raigarh (C.G.) in Civil Suit No.1-B/2001 whereby the appellant's claim for compensation from the respondents was rejected.

(2.) The appellant/plaintiff filed a plaint before the trial Court with a pleading that her husband Jaiprakash Singh was ill-treated and beaten by Ramnaresh Singh, an employee of the respondents on 01-09-1994. A report was lodged against Ramnaresh Singh on the same day in Police Station, Raigarh. On the basis of this incident, President, Karmachari Sangh made a representation to the department for transfer of Ramnaresh Singh. Ramnaresh Singh had a history of misconduct, offensive behaviour and ill-treatment with colleagues and officers of the department and of being a bully, but no effective measures were taken by the respondents to control the activities of Ramnaresh Singh. On 01-11-1994, at about 8-30 a.m. Ramnaresh Singh assaulted Jaiprakash Singh with an iron rod causing him injury which resulted in his death. Offence was registered against Ramnaresh Singh and he was prosecuted for offence under Section 302 of I.P.C. It was alleged that death of Jaiprakash Singh occurred because of the negligence of the respondents in not keeping under control their employee Ramnaresh Singh who has caused the death of the husband of the appellant. Hence, pleaded that the respondents are jointly and severally liable to pay compensation to the appellant/plaintiff. Claiming under the heads of loss of income etc., it was prayed that the compensation of Rs. 8,00,000/- be ordered to be paid by the respondents/defendants to the appellant/plaintiff.

(3.) Respondents/defendants in their written statement have denied all the averments in the plaint and stated that the incident of death of Jaiprakash Singh occurred due to personal enmity with Ramnaresh Singh for which the department is not liable to pay compensation in any manner. Denying the entitlement for compensation claimed by the plaintiff, it is stated that plaint has been brought with malafide intention to harass the respondents. Further, it was pleaded that Ramnaresh Singh is not made a party in this case, hence, the suit is not maintainable on the ground of non-joinder of necessary party. Prayer was made for dismissal of suit.