RANI Vs. N D P L

JUDGEMENT

(1.) BY this common judgment, I shall dispose of both the appeals referred above. The facts giving rise to the filing of these appeals can be summarized as under:-

(2.) THE defendant/respondent DVB filed written statement contesting the suit and alleged that the deceased tried to restore electricity supply to their premises, by illegal means, from the DVB (Mains) at the time this incident took place and there was no negligence on its part. The defendant DVB denied that the cables provided by it were weak and feeble and used to break quite often. It was, however, admitted that Shri Sunil Kumar and late Shri Suraj Bhan and Jagdish Sharma had come into contact with electric wires. It has, also, not denied that there was electricity failure in the locality in the night of 27.9.1998.

(3.) THE following issues were framed on the pleadings of the parties in the suit subject matter of RFA 589/2004:-