LAWS(MPH)-2006-5-18

MADHYA PRADESH ELECTRECITY BOARD Vs. SUNDER BAI

Decided On May 05, 2006
M. P. ELECTRICITY BOARD Appellant
V/S
SUNDER BAI Respondents

JUDGEMENT

(1.) Being aggrieved by the Judgment and the Decree dated 14-8-96 whereby the appellant and respondent Nos. 6 and 7 have been directed to pay a sum of Rs. 84,000/- as compensation, the present appeal has been filed.

(2.) Short facts of the case are that on 7-6-84, Hira died on account of electrocution by coming into contact with naked wires and respondent No. 3 also sustained injuries because of electrocution and her three fingers were amputated. Respondent Nos. 1-5 being the L.Rs. of deceased Hira filed a suit for damages against the appellant and respondent Nos. 6 and 7 on 12-3-86 for a sum of Rs.1,65,000/-, in which it was alleged that the accident occurred due to carelessness and negligence on the part of the appellant and respondent Nos. 6 and 7. The suit was contested by the appellant and respondent Nos. 6 and 7. It was alleged that there was no negligence on the part of the appellant. It was also- alleged that if there was any negligence on the part of respondent Nos. 6 and 7 then appellant is not responsible for the same. In view of this, it was prayed that suit be dismissed.

(3.) On the basis of pleadings of parties, learned trial Court framed the issues, recorded the evidence and held that respondent Nos. 6 and 7 are jointly responsible for payment of Rs. 84,000/- as compensation to the respondent Nos. 1 to 5. Being aggrieved by the Judgment and the Decree passed by the learned trial Court, the present appeal has been filed.