MADAN Vs. NDPL

JUDGEMENT

(1.) PRESENT writ petition has been filed seeking a direction to respondents No.1 and 2 to pay to the petitioners Rs.16,00,000/- on account of death of deceased No.1 and Rs.22,00,000/- on account of death of deceased No.2 along with interest @ 12% per annum from the date of the petition till its realisation.

(2.) IN the petition, it is alleged that the two deceased, namely, wife and son were electrocuted on 03rd June, 2006 due to coming in contact with a bare electrical wire which fell down from a wooden plank negligently maintained by respondent No.1.

(3.) SINCE after filing of the counter affidavit, petitioners filed affidavits of some residents stating that the area was electrified in the year 2000 by erstwhile DESU, respondent No.1 filed two supplementary affidavits dated 04th September, 2010 and 01st March, 2011. In the first supplementary affidavit dated 04th September, 2010, respondent No.1 stated as under:-