SHIV KUMAR Vs. RAJ DEVI AND ORS.

JUDGEMENT

(1.) This order of mine shall dispose of two Regular Second Appeals bearing Nos. 4459 and 4472 of 2015 (O&M). Challenged in these two appeals is the judgment and decree dated 29.07.2015 passed by the learned Additional District Judge, Karnal affirming the judgment and decree dated 21.02.2014 passed by the learned Additional Civil Judge (Senior Divn.), Karnal vide which the suit of the plaintiffs was decreed for recovery of Rs. 06 lacs along with interest @ 6% per annum w.e.f. 03.10.2006 till the realization by way of compensation/damages against all the defendants. Defendants No. 1 to 3 and defendants No. 4 and 5 were held jointly and severally liable in equal share to make the payment of compensation amount to the plaintiffs within three months from the date of passing of the judgment.

(2.) The controversy between the parties is that according to the plaintiffs on 03.06.2006 at about 7.00/7.30 p.m., Som Parkash along with his pet dog had gone to the agricultural fields. When he reached near the field of Shiv Kumar @ Ram -defendant No. 4, there was naked electric cable/wire lying on the berm of his agriculture field. Som Parkash and his pet dog came in contact with the naked cable/wire and received high voltage current of the electricity and died at the spot. The naked cable/wire was lying unattended without any warning. The cable was attached with the transformer installed by defendants No. 1 to 3. It was claimed that defendants No. 4 and 5 Shiv Kumar and Jai Bhagwan were indulging in the theft of electricity while conniving with the officials of respondent department. A criminal case bearing FIR No. 233 dated 03.02.2006 under Sec. 304 -A IPC was registered at Police Station, Indri, District Karnal.

(3.) The official respondents took the plea that the naked wire lying in the fields of Som Parkash and Shiv Kumar, was not laid by the electricity Nigam. Jai Bhagwan had installed the said wire in an illegal and unlawful manner. The officials of electricity Nigam visited the spot, checked the premises of Jai Bhagwan and found him committing theft by using naked wife. Report dated 03.10.2006 and Memo No. 85 dated 18.10.2006 was issued to Jai Bhagwan vide which penalty of Rs. 6,000/ - was imposed upon him. Jai Bhagwan was not a consumer of electricity Nigam. The accident does not occurred due to the negligence on the part of electricity Nigam.