CHAIRMAN MPEB RAMPUR JABALPUR Vs. BHAJAN GOND

JUDGEMENT

(1.) This is an appeal by the appellants/defendants against whom a decree has been granted to pay damages of Rs. 19,200/- on account of death by electrocution of Tulsibai wife of respondent/plaintiff No. 1 and mother of respondent/plaintiffs Nos. 2 and 3.

(2.) Undisputably the respondent/plaintiff No. 1 Bhajan Gond and his wife deceased Tulsibai had gone to village Bauchar, where the incident took place, for earning their livelihood. Respondents/plaintiffs Nos. 2 and 3 are minor children of Bhajan and deceased Tulsibai. On 1-5-92 Tulsibai and Jankibai had gone to the field of Sobran Singh for answering call of nature. Dhanwantibai, another woman who also died of electrocution was lying there. Deceased Tulsibai in order to help her went towards her but herself got electrocuted. The incident occurred due to broken live electric wire which had fallen down in the field. Tulsibai died almost instantaneously.

(3.) The allegations of the plaintiffs/respondents were that the above accident took place on account of negligence and carelessness on the part of employees of Madhya Pradesh Electricity Board. It was alleged that old wires were used by the defendants/appellants and no guarding was provided in the electricity line to prevent such an accident. Total amount of Rs. 5,16,000/- was claimed towards damages by the plaintiff/respondents, on account of death of Tulsibai, in the above incident.