PAPPU Vs. U.P. STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The instant appeal has been filed by the plaintiff under Sec. 96 CPC against the impugned judgment and decree dtd. 29/10/2005 passed by the Additional District Judge Court No. 7 Agra in O.S. no.171 of 2003 Pappu vs. Uttar Pradesh Electricity Board, whereby the plaintiff's suit seeking compensation for the injuries sustained due to electrocution from the transformer of the defendant on 1/3/1997 has been dismissed on the ground that the incident occurred due to the plaintiffs' own negligence. Appeal is admitted.

(2.) The plaintiff- appellant Pappu filed O.S.no 171 of 2003 through his guardian and next friend his father Hari Singh, against defendant U.P. State Electricity Board with the averments that he was an innocent, simple but intelligent, healthy, energetic and handsome child aged about 7 years, studying in 2nd class in Kapil Dev Shastri, Jr.High School, Nangla Padi,Agra. The defendant is a statutory body constituted under the provisions of the electricity laws, the basic object of whom is to generate, transmit and supply electricity by installing the electric line, transformers and other instruments.

(3.) It was further averred that the defendant placed a transformer of 11,000/400 Volts 100 KVA capacity on the open land near the gate of the building of Primary School,Nangla Padi,Agra, which was managed by Nagar Nigam, Agra. It was further averred that the distance between the steps of the school building and the place where the above transformer was installed was not more than 3 feet, the transformer was placed in open without any fencing, barricading or any other means to protect it. It was further averred that under law such transformer must be efficiently protected by fencing not less than 1.8 m in height or other means so as to prevent access to the electric line and apparatus therein. It was further averred that the officials of the defendant never erected any such protection around the transformer as was required by law.