MADHYA PRADESH ELECTRICITY BOARD Vs. URMILA BAI

JUDGEMENT

(1.) Feeling aggrieved by the judgment and decree dated 13.09.2004 passed by learned 1st Additional District Judge, Balaghat in Civil Suit No.7-B/2002 whereby the suit of plaintiffs for compensation to the tune of Rs.1,20,000/- 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 6 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 plaintiffs 2 to 5 are the children of the deceased Bhavram (hereinafter referred to as the deceased ) who died on account of electrocution on 16.6.2001 at the age of 36 years. It has come on record that the service line was given to defendant No.1 (respondent No.6) but he did lay the wire on the wooden logs (Balliya) so as to take temporary electric connection. The wire was bending towards the ground as a result the deceased came in contact with the electric wire in which the current was flowing and he died on account of electrocution. 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 plaintiffs. In this manner this appeal has been filed by the defendants.