M.P. ELECTRICITY BOARD Vs. NANHI BAI

JUDGEMENT

(1.) THE Madhya Pradesh Electricity Board (hereinafter referred to as the 'Board') has preferred this appeal against the judgment and decree dated 21.12.88 of the Court of Second Additional District Judge, Chhindwara, granting a sum of Rs. 86.400/ - with 6% interest as compensation for death of one villager gangali who died due to electric shock received from a fallen live electric wire.

(2.) SHRI M.L. Jaiswal, learned counsel appearing for the appellant Board contends that on the evidence on record led on behalf of the Board it cannot be held that there was any negligence on the part of the employees of the Board justifying award of compensation in tort. It is submitted that in the previous night of the incident there were heavy rains and wind. The deceased carelessly touched a fallen electric wire and wanted to cut and carry it. It is in that process that he suffered an electric shock and died. The incident took place in the early hours of the morning and there was hardly any time for the employees of the Board to effect any repairs and re -install the wire which had fallen because of the heavy current of wind.

(3.) FOR the aforesaid reason the appeal has no merit. It fails and is dismissed but without any order as to costs.