H.P.S.E.B. Vs. BIMLA DEVI

JUDGEMENT

(1.) The present regular second appeal at the Instance of the Defendants directed against the judgment and decree dated 16.1.2002 of the learned Additional District Judge, Solan, modifying the judgment and decree dated 9.3.1998 of the learned Sub Judge 1st Class, Nalagarh in Civil Suit No. 66/1 of 1994 stands admitted on the following substantial question of law: Whether the appeal before the first Appellate Court having been filed by the Respondents-Plaintiffs as indigent persons was competent in the absence of requisite leave having been obtained from the learned first Appellate Court?

(2.) Briefly stated, the facts giving rise to the present appeal are these. One Arjun Singh son of Ram Piara of village Majari, on 12.3.1993 at about 6 a.m. while proceeding from his village to village Mahandev on his cycle at village Dolowal came in contact with live overhead snapped electric wire lying on the road resulting into his instantaneous death. Alleging negligence on the part of the Defendants, the Plaintiffs-Respondents, who are the widow and mother respectively of the deceased filed a suit, as indigent persons under Order 33, Code of Civil Procedure, claiming damages/compensation, to the tune of <del>&#2352</del> 2,00,000.00.

(3.) The Defendants denied negligence on their part. It was pleaded that the wire got snapped on the night intervening 11/12.3.1993 due to heavy storm and that the accident took place for the reasons beyond their control. They also pleaded that the deceased was guilty of contributory negligence.