M P S E B Vs. JASBEER SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed by District Judge, Narsimhapur, dated January 6, 2003, in C.S. No. 8-B/ 1995.

(2.) Respondent is engaged in transport business. Truck No. CPJ 4122 is owned by him. On 3-6-1992, the truck had been taken by Bhagatsingh, agent of Harbhajan Singh Lamba, for carriage of Tendu leaves from Khamaria to Narsimhapur. While the truck was going from Richhai to Narsimhapur, loaded with Tendu leave bags, it caught fire due to spark from electric supply line of the appellants. As a result, except for 6 bags of Tendu leaves, remaining bags were burnt. The truck was also burnt in the fire. Therefore, plaintiff lodged claim for damages in the trial Court on the ground that the fire accident took place due to the negligence of the appellants in not maintaining electric line properly which was hanging 13 above the road. Claim for Rs. 1,09,000.00 has been raised.

(3.) Appellants defendants denied the claim. It is stated that electric line is hanging in accordance with the norms, 19' - 20' above the ground, it was not hanging as alleged and trucks moved before and after the accident. The truck carried bags of Tendu leaves much above the normal height without taking precautionary measures. The accident could also have happened due to the negligence of the labourers sitting on the bags of Tendu leaves, smoking Bidis, and not because of the electric line.