PUNJAB STATE ELECTRICITY BOARD Vs. MAYA DEVI

JUDGEMENT

(1.) THE appellants is the Punjab State Electricity Board which has filed the appeal against the judgment of the learned Trial Court dated 21.7.2006 and First Appellate Court dated 5.3.2008.

(2.) A suit for damages was filed by plaintiffs-respondents alleging that on 31.12.2002 at about 7:00 P.M. Harpal Chand who was proceeding towards Manna Pindi on his motor cycle for the purposes of collecting milk died when he came into contact with live wires. When he did not return home, people went and searched for him and on 1st January, 2003 Jagdish Rai and Jagdish Sharma discovered his dead body on the canal path and milk drums were also lying there. At the spot, electric wires were at a very low level. His hair were also found on the electric wire. It was pleaded by the respondents-plaintiffs that on 31st December, 2002 Raj Singh s/o Gurdev Singh and Jit Singh s/o Gurdial Singh had informed the appellants-Board at its office Dhanaula regarding low levelling and loosening of the live electric wires, but no corrective measures were taken and as a result of which deceased lost his life. An FIR was also lodged at Police Station on the basis of statement of Jagdish Rai under Section 304 IPC.

(3.) THE appellants who are on notice contested the suit and pleaded that they were not negligent. The complaint dated 31st December, 2002 allegedly made by Raj Singh and Jit Singh was denied. Lodging of FIR was also denied. It was pleaded by them that electricity wires crossed the canal minor which were loose because of rain and storm and because of higher level of track of canal minor, the level of electric wires became low. It was further submitted that accident had not taken place because of the electric shock and that taking advantage of the low level of electric wires, the plaintiffs-respondents have concocted a story. The relationship of the deceased with the plaintiffs- respondents was also disputed. It is also disputed that he was earning Rs. 4 lakhs per annum. Lastly, it was pleaded that an inquiry was got conducted in the incident and it was found that one Kaur Singh s/o of Hardial Singh uprooted one "polling string and rod from his field as a result of which electric wires have got loose" and on 1.2.2003 a letter had been written by the Board to SHO, Police Station, Dhanaula. It was then pleaded that deceased was not having registration certificate, insurance cover as well as driving license and violated the motor vehicle rules. Learned Trial Court framed the following issues :-