MANGILAL Vs. DIVISIONAL ENGINEER MPSEB

JUDGEMENT

(1.) Being aggrieved by the judgment dated 7/10/2004 passed by 1 ADJ, Dhar in civil suit No. 2-B/2004 whereby the suit filed by the appellants for compensation on account of death of their daughter was dismissed, the present appeal has been filed.

(2.) Short facts of the case are that appellants filed a suit for compensation on 20.10.2004 alleging that the appellants are husband and wife and Lalita aged 8 years was their only daughter. It was alleged that there is a garden situated at Dhareshwar Mandir, Dhar which is owned and maintained by the respondent No. 3. It was alleged that the said garden is fenced by respondent No. 3 and is being used as a play-ground for the children. It was alleged that in the centre of said garden there are high tension wires of respondents No. 1 and 2. It was alleged that the said wires are not being properly maintained by the respondents No. 1 and 2. Further case of the appellants was that on 12/5/2000 at about 7.00 a.m. when Lalita went to collect the water alongwith her friend Mamta, daughter of Munna and Hirabai from the tanker which was kept by respondent No. 3 near to the garden, at that time, Lalita started playing into the garden. It was alleged that at that time Lalita came in contact with the fencing of garden. It was alleged that since there was current flowing in the fencing, therefore, Lalita was shocked by the electrocation and died. It was alleged that Hirabai who was with Lalita informed about the incident and when appellants went on spot, they found that one of the wires was broken and Lalita came in contact with the fencing of garden in which current was flowing. It was alleged that upon information given the supply was disconnected by the respondent No. 1 and 2.

(3.) It was alleged that becasue of negligence on the part of respondents No. 1 and 2 the accident took place with the result appellants lost their only daughter. It was alleged that the matter was reported to the Police and case was registered at merge No. 21 -22/2000 on 12.5.2000 itself. It was alleged that respondents No. 1 and 2 were failed to take-care of the live wires. It was alleged that since the live wires going from the middle of the garden which was made for public use, therefore, it was the duty of respondents No. 1 to 2 to take utmost care of the live wires. It was alleged that it was also the duty of respondents No. 1 and 2 to maintain the same properly. It was alleged that if respondents No. 1 and 2 would have discharged their duties with utmost care, then, the said incident would not have taken place. It was alleged that notices were issued by the appellants on 30.6.2000 but no reply was given by the respondents. It was alleged that appellants are entitled for compensation of Rs. 85,000/- for which a decree be passed against the respondents Nos. 1 and 2.