WESTERN ELECTRICITY SUPPLY COMPANY Vs. MOHAN PADHAN

JUDGEMENT

(1.) The Appellants by filing this Appeal under Sec. -96 of the Code of Civil Procedure (hereinafter called as 'the Code') have assailed the judgment and decree dtd. 21/11/2006 and 8/12/2006 respectively passed by the learned Civil Judge (Senior Division), Bolangir in Civil Suit No.24 of 2005.

(2.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to as they have been arraigned in the Trial Court.

(3.) Plaintiff's case is that on 21/6/2003 around 2/3 P.M., when he was going to attend the call of nature, on his way, he suddenly came in contact with the snapped live overhead electric wire. For that, he was partially electrocuted and being immediately taken to hospital, although to his good fortune, his life was saved yet he lost his right arm for ever and become permanently disabled thereby. It is stated that said incident and the result thereof is on account of gross negligence on the part of the Defendants who are in-charge of supply of electricity and maintenance of the supply lines, accessories etc. For the unfortunate incident, the Plaintiff became permanently disabled and thereby suffered in all fronts. It is the further case of the Plaintiffs that he lost his income for properly maintaining himself as also in providing assistance to the members of the family in their day today living. In view of the above, the Plaintiff filed the suit claiming the compensation of Rs.5.00 lakh with the interest and cost from the defendants. The Defendants in their written statement have stated that the Plaintiff has not suffered the permanent disability by losing his right arm on account of electrocution. The defendants thus denied their liability to pay compensation in pleading that no such incident had taken place due to negligence on their part in maintaining the overhead electric lines in supplying the electricity in the area and maintaining the same with other assessories.