LAWS(P&H)-2016-12-152

SUNITA AND OTHERS Vs. DHBVN AND OTHERS

Decided On December 01, 2016
Sunita and Others Appellant
V/S
Dhbvn And Others Respondents

JUDGEMENT

(1.) In the instant appeal the appellants legal heirs of deceased Satbir assailed the Court order dated 19.03.2013 passed by Additional District Judge, Bhiwani in Civil Appeal No. 162 of 2011.

(2.) Deceased Satbir met with an accident on 26.10.2008, at about 9 am, due to electric shock. Due to electrocution he had injuries for which he was taking treatment in General Hospital, Bhiwani, P.G.I.M.S., Rohtak, N.C. Jindal Institute of Medical Care and Research and Dr. C.S. Sharma, M.S. Ortho, Soni Hospital, Jaipur for which he had incurred a sum of Rs. 3 lacs for his treatment. Later on, he died during the pendency of the suit. The suit was decreed. It was held that the deceased-plaintiff is entitled to receive an amount of Rs. 5 lacs as a compensation for the dependents Nos. 1, 2 and 3. Respondents filed a civil appeal before the Appellate Court, questioning the validity of the decree passed by the trial Court. On 17.03.2011 in civil appeal No. 162 of 2011 the Appellate Court reversed the order of the decree passed by the trial Court on 17.03.2011. Hence, the present appeal.

(3.) The appellant's counsel submitted that deceased Satbir was working with the respondent-Nigam. The same has not been appreciated by the Appellate Court while reversing the order of the trial Court. The Appellate Court reversed the decree only on the score that the appellant was not an employee of the respondent-Nigam. Irrespective of the fact that whether he is an employee or not deceased was entitled to financial compensation. Therefore, reversal of the decree by the Appellate Court only on this score that the appellant was not an employee, is highly arbitrary and illegal.