NEW INDIA ASSURANCE CO LTD Vs. RANJANA

JUDGEMENT

(1.) Both these appeals are being disposed of by this common judgment as the same arise out of a single judgment and decree dated 21.2.2005 of the learned Additional District Judge, Fast Track Court, Chamba (H.P.) in Civil Suit No. 9-04/01, titled Kumari Ranjna v. The Himachal Pradesh State Electricity Board (in short HPSEB) and Ors. Civil Suit No. 9-04/01, whereby the suit for recovery of Rs. 5 lacs on account of damages resulting out of electric burn injury, while coming into contact with a stay wire through which electric current was passing at the relevant time filed by Respondent No. 1 Kumari Ranjna as Plaintiff against the remaining Respondents being Defendants in the suit, has been decreed in the sum of Rs. 1,50,000/-.

(2.) It shall be pertinent to notice at the very outset that the Plaintiff was permitted by the learned Trial Court to sue as an indigent person and to file the suit in forma paupris by an order dated 21.7.2001 passed on an application under Order 33, Rule 1, Code of Civil Procedure, 1908.

(3.) Initially, the suit was filed only against Defendants No. 1 to 3 and on their raising an objection as to non-joinder of a necessary party, that is, the New India Assurance Company Ltd., the said company was joined as Defendant No. 4.