SUNITA AND ORS. Vs. SDO, DHBVNL AND ORS.

JUDGEMENT

(1.) By way of the present appeal, the plaintiffs/appellants have assailed the judgment dated 26.02.2013, passed by Addl. District Judge, Hisar, upholding the judgment dated 22.03.2010, passed by Civil Judge (Jr. Divn.), Hansi, whereby the suit for compensation of the plaintiffs/appellants was dismissed. It is contended by learned counsel for the appellant that both the Courts below have gravely erred in ignoring the oral as well as documentary evidence on the record. The deceased, husband of plaintiff No. 1 had died due to electrocution while he was standing on the roof of his house. The electric wire passing near the roof broke off and fell upon him as a result of which, he died on the spot. The deceased had been earning Rs. 20,000/ - per month by running a milk dairy, however, both the Courts below have dismissed the suit of the appellants without going into this factual aspect of the matter. The learned counsel has relied upon S. Prem Singh and others v/s. State of J & K and others,, 2001 (5) RCR (Civil) 843, wherein it has been held that the height of electric wires from the ground is to be 20 feet whereas DW 3 stated that in the present case, its height was 18 feet. Therefore, the learned counsel contends that the occurrence had taken place due to the negligence of the respondents.

(2.) On the other hand, the learned counsel for the respondents submits that both the Courts below have rightly dismissed the suit of the appellants as the deceased had died due to his own negligence. The learned counsel refers to the notice Ex. D1 dated 14.01.2008, vide which the deceased had been directed to stop the construction of his house or to obtain permission from the respondents. The official concerned from the Department -Nigam had also visited the site of construction to serve the said notice upon the appellants, however, the deceased had refused to accept the notice. Therefore, the deceased died due to his own negligence while raising construction of his house in violation of the Indian Electricity Rules, 1956.

(3.) I have heard the rival contentions of both the parties.