RAMKALI Vs. M P ELECTRICITY BOARD

JUDGEMENT

(1.) Upon the joint request and on the facts and in the circumstances of the case, both the appeals referred to above are taken up together for final disposal today itself. In these appeals under Section 96 of the Code of Civil Procedure, 1908, the appellants have challenged the judgment and decree dated 13th July, 2011 recorded in Civil Suit No. 17A/11 by the learned First Additional District Judge (Fast Track), Jaura, district Morena whereby the plaintiffs/ claimants came to be awarded an amount of Rs. 3,96,000/- (Rs. Three lacs ninety six thousand only) alongwith interest @ 7% p.a. on account of death by electrocution of Kamlesh.

(2.) The appellants in F.A. No. 301/11 are the original plaintiffs, whereas the respondents are the original defendants. The original plaintiffs claimed amount of compensation and damages to the tune of Rs. 6,50,000/- (Rs. Six lacs fifty thousand only) under the provisions of Indian Fatal Accidents Act, 1855. It was the case of the plaintiffs that the deceased Kamlesh who was aged about 35 and was an earning member of the family while going to attend his labour work got electrocuted. It was the contention of the plaintiffs that the original defendants, M.P. State Electricity Board ("the Board" for brevity) was negligent in not taking requisite; care as required so as to secure safety of lives of the citizens from being electrocuted. Since a live wire was allowed hanging on road, as a result of which the current started passing which took the life of Kamlesh who was earning Rs. 180/- per day, at the relevant time, as he was healthy and young labourer. The plaintiffs, therefore, claimed an amount of Rs. 6,50,000/- for the death of earning member of their family on account of electrocution which was attributable to the negligence of the Board.

(3.) The defendants appeared and resisted the suit, inter alia, contending that they were not at fault though they admitted the death of Kamlesh by electrocution. They pleaded that on 27th May 2004 much prior to the accident, employees of the electricity board due to fault on account of rainy season disconnected 11 KV line of village Ummedgarhi, but subsequently the said line was rejoined by some unknown persons by putting wire illegally and thereby electricity was restored, which ended in the present incident. It is submitted that there was no negligence on the part of the employees of the Board and as such no vicarious liability can be fastened on the board under such circumstances. Accordingly, it was prayed that the suit claiming for compensation be dismissed.