EXECUTIVE ENGINEER (ELECTRICAL), BHANJANAGAR ELECTRICAL DIVISION, BHANJANAGAR AND ANOTHER Vs. KOMA BEHERA

JUDGEMENT

(1.) The judgment and decree dated 04.04.2003 and 23.04.2003 passed by the learned Civil Judge (Senior Division), Aska in Money Suit No.28 of 1994 is under challenge by the unsuccessful defendants in this appeal.

(2.) The suit was filed claiming compensation of Rs.1,50,000/- with 12% interest per annum from the date of filing of the suit till its realization. Case of the plaintiff (respondent herein) in brief is that she is the mother of the victim Jhunu Bherea, who died due to electrocution on 17.01.1993. Deceased Jhunu Behera had gone to her sister's place at Dharakote. On the ill-fated date, she along with her sister, namely, Sashi had been to Kapilash hill to collect earth. While collecting earth, both of them came in contact with snapped electric live conductor and died instantaneously due to electrocution. At the time of her death, Jhhunu Behera was aged about 18 years and was earning Rs.30/- to Rs.40/- per day as daily labourer. The husband of Sashi (sister of Jhunu) informed the police as well as the plaintiff about the death of her daughter. Accordingly, an U.D. Case was registered vide UD Case No.1 of 1993 in the Aska Police Station. Autopsy was done on the corpus and the postmortem report revealed that she died due to electrocution. Deceased Jhunu Behera was assisting the family with her income as daily labourer. Due to her death, the family lost an earning member. The death was caused due to negligence of the defendants, particularly in maintaining the live conductor. Thus, she filed a suit for the aforesaid relief.

(3.) The defendants filed their written statement refuting the allegations made in the plaint. They denied the death of Jhunu Behera due to electrocution. They also claimed that she died due to her own fault and not for the negligence of the defendants. Further, they claimed that the deceased is a minor girl of 15-16 years old. The plaint has been filed showing her age to be 18 years to get compensation from the defendants. They also alleged that an inflated claim has been made by the plaintiff on surmises and conjectures and thus they prayed for dismissal of the suit.