MADHYA PRADESH ELECTRICITY BOARD Vs. BAISAIKHIA

JUDGEMENT

(1.) THIS is defendants' appeal. The second appellant Shivlal Sahu was in the employment of the appellant No. 1 which is a Electricity Board constituted under the Indian Electricity (Madhya Pradesh) Act, 1951.

(2.) THE appellant, Board, in usual course of its functioning established a Sub-station in village Kuthla, tahsil-Murwara, district-Jabalpur and stretched electric wires in the village with the assistance of poles. The wires even passed over the fields in that village. The wires so stretched were on considerable height from the surface of the land. Through these wires electrical current flowed. On 13-4-76 at between 10 to 10.30 A.M. one Bhulla Kumhar on his way back from a tank after taking bath passed through one of such fields near a flour mill owned by Shankerlal Dubey. In the field lay handing 3 or 4ft. above the ground electric snapped live conductor. Bhulla Kumhar while crossing that field came in contact of those live wires through which electrical current was flowing. He met with instantaneous death.

(3.) THE appellants entered appearance in answer to the summons of the suit. They resisted the claim on the ground that night before the place of incident there had been a very heavy storm causing damage to the electrical installation in that village. The electrical poles bended and the wires driven low towards the ground. The mishap was, therefore, said to be an inevitable accident caused by the act of the God. It has also been the case that there was a defined pleading to the tank and the field was never used for such purpose i.e. for going to the tank. The deceased himself was a trespasser and, therefore, was not entitled to any damages. Plea also seems to have been raised attributing negligence to the deceased. Quantum of damage claimed was also denied. It was specifically pleaded that the deceased was not employed anywhere in the Ordnance Factory at the time of his death as alleged. On this pleading the trial Court framed issues. Parties adduced oral and documentary evidence and after hearing them by judgment dated 30-11-1985 the trial Court passed a decree in favour of the respondents/plaintiffs in a sum of Rs. 50,000/-. Interest at the rate of Rs. 6% per annum on the sum so decreed has also been awarded from the date of institution of the suit until realisation. In this appeal by the defendants all the adverse findings and the entire decree passed by the lower Court has been challenged.