M.P.STATE ELECTRICITY BOARD Vs. GIRVAN DHAKAD

JUDGEMENT

(1.) The appellant/M. P. Electricity Board has filed this appeal under Section 96 of CPC being aggrieved by the judgment dated 31.3.2005 passed by 3rd Additional District Judge, Shivpuri in Civil Suit No.3- B/04 whereby suit of the respondents for compensation of damages in respect of electrocution death of their son Rajendra has been decreed for the sum of Rs.1,59,000/- along with the interest @ 6% p. a. from the date of filing the suit. In addition to it, cost of the suit has also been awarded.

(2.) The facts giving rise to this appeal in short are that on 21.7.2003 between 9-10 am son of the respondents namely Rajendra was going towards some agricultural filed for cultivation purpose, on the way he came into the contact with the open and live electricity wire laying on the way resultantly by sustaining the electricity current, died on the spot. The incident was reported to P. S. Kolaras by respondent No.1, on which an inquest intimation was registered. In its inquiry besides the other formalities autopsy of the dead body was carried out according to which, he had died due to electrocution. As per further case of the respondents the appellant Electricity Board has committed grave negligence in maintaining such electricity line and the same was not repaired within time and that is why the alleged incident was happened. In further averments it was stated that the deceased being young person was the only earning member of the family and was earning Rs.5,000/- p. m. and due to his untimely death the respondents have come in starvation. With these averments the impugned suit was filed for compensation of Rs.5,00,000/- along with the interest @ 12% p. a.

(3.) On behalf of the respondents by filing the written statement by denying the material averments of the suit it was stated that the deceased was neither earning member of the respondents' family nor they were dependent on him. It is also stated that such wire at that time was not laying on the way due to any mistake of the appellant Board. In any case, the place where the wire was laying the same was not the way to approach the field. Besides this, it is also stated that Electricity Board was never informed about such breaking the wire and laid on the road otherwise it could have been repaired within time. In such premises no negligence has been committed on behalf of the appellant. There is no evidence to show that appellant has violated any rules, regulations and failed in performing its duty. One more thing is stated that it appears from the postmortem report that the deceased voluntarily caught hold the aforesaid naked wire, and consequently died hence no liability of compensation could be imposed on the appellant Board. With these averments the prayer for dismissal of the suit was made.