GODAVARIBAI Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 20/12/08 passed by XIII ADJ, Indore in civil suit No.51-A/07 whereby the suit filed by the appellant for compensation of Rs.3,00,000/- on account of death of Suman Goswami was allowed and compensation of Rs.1,00,000/ was awarded, present appeal has been filed.

(2.) SHORT facts of the case are that the appellant filed a suit for compensation alleging that on 08/06/04 when appellant alongwith Suman were coming to their house, at that time Suman came in contact with live wires of respondent Nos.1 & 2, with the result Suman sustained burn injuries and died on spot. It was alleged that the accident occurred because of negligence on the part of respondents. It was alleged that the live electrical lines were not properly maintained by the respondents. It was alleged that since the accident occurred because of negligence on the part of respondents, therefore, compensation of Rs.3,00,000/ be awarded.

(3.) LEARNED counsel for the respondent Nos. 1 and 2 submits that since the accident occurred because of fault on the part of deceased Suman herself, therefore, learned Court below committed error in holding that the accident occurred because of negligence on the part of respondents. It is submitted that ample evidence is on record, which goes to show that the accident occurred because of negligence on the part of deceased herself. It is submitted that from the evidence on record it is also proved that there was no negligence on the part of respondents in maintaining the live wires of the respondent Nos. 1 & 2. It is submitted that in the facts and circumstances of the case, the findings recorded by the learned trial Court cannot be allowed to sustained. In alternate learned counsel submits that the amount awarded by the learned trial Court is just and proper. It is submitted that the appeal filed by the appellant has no merits and the same be dismissed.