GINDIYA BAI Vs. MADHYA PRADESH ELECTRICITY BOARD

JUDGEMENT

(1.) BHAGCHAND (deceased), aged 18 years, died due to electric current. His mother Gindiya Bai brought an action against the M. P. Electricity Board (hereinafter referred to as 'the M. P. E. B. ') and its officers claiming damages of Rs. 80,475/- under the Fatal Accidents Act.

(2.) THE short facts leading to this appeal are that the deceased, who was aged about 18 years, was a resident of village Khapa, Tehsil Lakhnadon, District Seoni; on the day of occurrence, i. e. , 30. 6. 1983, near village Bhimgarh the deceased was grazing cattle at a place popularly known as Zero Tank Chain; when the deceased was passing 10 feet away from the stay-wire of the transformer, which was installed by the respondents, he received a fatal current and died on the spot; the stay-wire was fixed for the purpose of giving support to the transformer poles. The matter was reported to the police station Chhapara.

(3.) THE appellant after serving a notice vide Exh. P-l, dated 18. 1. 1984, filed a suit on the ground, inter alia, that the respondents had not properly maintained the transformer with due care and caution, on account of which the deceased received fatal accident and succumbed to it. The appellant was dependent on the deceased and after his death her life became miserable. In support of her claim, it was submitted that the deceased used to earn Rs. 8/- per day as wages, out of which he spent Rs. 5/- on the family and Rs. 3/- on himself. Accordingly, she claimed vide paras 8, 9 and 10 of the plaint, total damages amounting to Rs. 80,475/ -. She has also prayed for other relief deemed fit and proper in the circumstances of the case.