SUSHIL KUMAR JAIN Vs. RAJKUMARI

JUDGEMENT

(1.) Heard.

(2.) The present appeal is against the judgment and decree dated 03.11.1999 passed in civil suit No.64-B/99 by the Court of District Judge, Surguja. A suit was filed by Rajkumari w/o Dayaram, the mother of the deceased Sashiram. As per the plaint averments, in function of the marriage of daughter of the defendant namely Jethamal (since deceased) Sashiram was engaged @ 25/- rupees as a labour on 14.02.1989. At the instructions of Jethamal, the deceased was working on the roof top and was laying Shamiyana for the purpose of marriage. At that time all of a sudden storm came and 1100 K.W. line which was passing near by to the house of Jethamal fell to the body of Sashiram, whereby he sustained severe burn injury, he was admitted to the hospital and thereafter succumbed to the injury. The plaintiff alleged that because of the negligence of electricity department and Jethamal, the accident occurred.

(3.) The defendant Jethamal (since deceased) denied the plaint averments. It was stated that the entire contract for the marriage ceremony was given on contract to one Sharma Tent House, Raigarh and the owner of the said Sharma Tent House namely Upendra Sharma along with four labourers came on 13.02.1989 wherein the deceased Sashiram was working with the Tent House. He stated that when the storm came Sashiram, the deceased, went to the roof and by crossing the fencing wall tried to save the Pandal from storm, wherein he came in contact with the high voltage electric wire and thereby died. As such, the defendant was not responsible for the accident.