MANAGING DIRECTOR Vs. RAIBARI CHHATRIA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 12.9.2005 passed by learned Civil Judge (Senior Division), Padampur in Money Suit No. 3 of 2002 decreeing the suit and directing the appellants-defendants to pay compensation amount of Rs. 2,60,000/- to respondents-plaintiffs on account of death of deceased Adhikari Chhatria due to electricity shock. Plaintiffs, who are the widow and sons of the deceased, filed the suit against the WESCO, Bargarh and other officials under WESCO as defendants. Plaintiffs' case is that on 11.4.1999 at night, while returning to his village Charpali from Bijepur, the deceased, who was the only bread earner of the family, came in contact with 11 K.V. live electric wires hanging dangerously at three feet height from the ground surface, got electricity shock and died. Alleging negligence on the part of the defendants in maintenance of electricity lines at the prescribed height, plaintiffs claimed compensation of Rs. 3.00 lakhs from the defendants.

(2.) Defendant No. 4 filed written statement admitting that the WESCO is carrying on business of supplying electric energy throughout the western Orissa and denying plaintiffs' allegation that on 11.4.1999 the 11KV electric line was hanging at three feet height from the ground surface on the footpath due to negligence on the part of defendants in maintenance of electricity lines. The defendant no. 4 also denied the claim made by the plaintiffs that the deceased was the only earning bread earner of his family and on his death the plaintiffs are thrown to starvation.

(3.) Considering rival pleadings the following issues were framed by the trial court:-