MADHYA PRADESH VIDYUT MANDAL Vs. GEETABAI

JUDGEMENT

(1.) THE present appeal is directed against the judgment and decree dated April 11, 1991 passed by Mr. B. B. L. Shrivastava, District Judge, Ambikapur, Sarguja, whereby a decree is passed in favour of the plaintiff awarding compensation as a consequence of death of one Rajabali to his heirs and legal representatives. The operative portion of the order is extracted below: xxx xxx xxx

(2.) BRIEF facts of the case are that in the night of April 27, 1988, a storm came and as a result of it, the wire consisting of 1,100 voltage electricity was hanging in the fields where persons were working and through this field the deceased Ra-jabali was passing and while so doing, he came into contact with the said hanging wire, since there was breakage of the bare wire.

(3.) A suit was filed by the widow of Rajabali, viz. Geetabai and his son Chetanram and daughter Ranmat. She was minor and was represented by her natural guardian, Geetabai. According to the case of the plaintiffs, the deceased while passing through ek marg (passage) in village Sakalo, came into contact with the electric wire. There was no net below the wire by way of safety measure and no such gauge even was provided for not allowing the wire hanging in such a manner so to touch anybody in the event of its breakage. The wire hanging was not taken serious note of as there was no repair job from time to time and no periodical checking by lineman was being done. It was in the night at about 8 p. m. on April 27, 1988 while the deceased Rajabali was going from his house with his friend Karmgond, he got touched by the said wire and died on the spot as a result of electrocution.