M P ELECTRICITY BOARD Vs. VIMLA BAI

JUDGEMENT

(1.) Feeling aggrieved by the judgment and decree dated 28.9.2005 passed by learned 1st Additional District Judge, Raisen in Civil Suit No.1-B/2004 whereby the suit of plaintiffs for compensation to the tune of Rs.1,50,000/- and interest @6% per annum from the date of filing of the suit has been decreed, this first appeal under Section 96 CPC has been filed by the defendants.

(2.) No exhaustive statements of fact are required to be narrated for the purpose of disposal of this appeal as they are mentioned in detail in para 1 to 4 of the impugned judgment and therefore, for the convenience they are not being reproduced here. Suffice it to say that the first plaintiff is the widow and plaintiff No.2 is the mother and plaintiffs 3 to 5 are the children of the deceased Ajab Singh (hereinafter referred to as the deceased ) died on account of electrocution on 9.7.2002. The deceased was coming back to his home at village Thala. The approach road was kaccha and was full of sludge. When the deceased came nearby the field of Shibulal one electric wire was lying on the ground and on account of darkness and sludge it could be seen by the deceased and the deceased came in contact with it as a result he died on account of electrocution on the spot. Hence, a suit for realization of compensation has been filed by the plaintiffs.

(3.) Learned Trial Court framed necessary issues and after recording the evidence of the parties decreed the suit of plaintiff. In this manner this appeal has been filed by the defendants.