UTTAR HARYANA BIJLI VITRAN NIGAM LTD Vs. RASIDA

JUDGEMENT

(1.) The Appellants -Defendants, having lost in the first appeal preferred against the judgment and decree dated 10.10.2008 passed by Additional Civil Judge(Senior Division), Panipat, awarding the compensation of ' 8,64,000/-, along with future interest at the rate of 6% per annum, have come up with the present second appeal against the judgment and decree of both those Courts.

(2.) The Plaintiffs-Respondents filed suit against the Defendants for the recovery of '10,08,000/- as compensation on account of death of Mohmad Anis, on account of the negligence of the Defendants, under the Indian Fatal Accidents Act, 1855. They pleaded in their plaint that Plaintiff No. 1 is the widow whereas Plaintiffs No. 2 to 6 are the sons and daughters of Mohmad Anis, deceased. The Defendants had installed two electric transformers of 200 KVA each in the area of Pathana Mohalla near Shiv Chowk, Sanoli Road, New Sabji Mandi, Panipat, for the supply of electricity in the area of that mohalla and other localities, which burnt down on 18,7.2003 at 8/8.15 p.m. for want of proper maintenance. On account of the burning and bursting of those transformers, 12 persons, including the deceased, lost their lives. Initially, he received burn injuries and was removed to Civil Hospital, Panipat, from where he was referred to PGI, Rohtak, and died at that place. Autopsy on his dead body was conducted on 20.7.2003. At the time of his death, he was healthy person and was only 27 years old. He was doing the work of Craftsman and was earning ' 6000/- per month. All of them were dependent upon him. Legal Notice dated 24.10.2003 was served upon the Defendants to pay the compensation of 10.08,000/-, who inspite of service of the notice and expiry of the statutory period of 60 days, failed to pay any such compensation.

(3.) The suit was contested by the Defendants. In their written statement they admitted the bursting of the transformers and the causalities, which took place on account of the fire resulting therefrom. However, they pleaded that the damage to the transformers was due to over loading which is a common phenomena, but the bursting of the transformer accompanied by spraying of burning oil is very rare. There was hot transformer oil inside at a high temperature and high pressure was caused by entrapped gases as a result of which the oil rushed out and that spread up to the distance due to very high pressure. After that oil came into contact with the air, the temperature arose beyond the flash point i.e. 140 decree Celsius causing the bursting of oil into flames. The combustion could also be due to sparking, which fell on the people in the busy street, thereby causing the causalities. The officials of the Sub Division were suspended on account of dereliction of their duties regarding the maintenance and service standard. The District Administration granted Rs. 25,000/- each and '1,00,000/- was granted to each of the legal heirs of the deceased from the Chief Minister's Relief Fund. There was no negligence on their part and they are not liable to pay any such compensation.