LAWS(HPH)-2012-5-194

HIMACHAL PRADESH STATE ELECTRICITY BOARD Vs. GUDDI DEVI

Decided On May 25, 2012
HIMACHAL PRADESH STATE ELECTRICITY BOARD (HPSEB) THROUGH ITS CHAIRMAN, VIDYUT BHAWAN, SHIMLA Appellant
V/S
GUDDI DEVI, WIDOW OF SH. DES RAJ Respondents

JUDGEMENT

(1.) THE appellants felt aggrieved and dissatisfied by the judgment of the learned District Whether reporters of the Local papers are allowed to see the judgment Judge passed in Civil Suit No.2 of 2006, decided on 1.10.2007, whereby the suit of the respondents filed by the legal representatives in, Forma Pauperis was decreed, for a sum of Rs. 4,32,000/- with costs and interest @ 9% per annum from the date of institution of the suit till its realization, because of the death of Desj Raj @ Ashok Kumar due to electrocution.

(2.) IN nut-shell, the facts in brief can be stated thus. On 12.3.2005, Des Raj @ Ashok Kumar had gone in search of his goats in Sadei forest. It is alleged that the electric line of the pole was not properly insulated and livewires came in contact with the pole , when the deceased was passing through that place he got dragged in the magnetic zone and got electrocuted his body caught fire and died on the spot. It was sheer negligence on the part of the appellants-Board to maintain electric line properly. Therefore, the report was lodged in the Police Post Gehra, District Chamba. PW4 C. Raj Kumar a police photographer took the photographs of the dead body and the postmortem was also got done from PW1 Dr. Nagesh Verma. The report of the postmortem is Ext.PW1/A. The respondents are the legal representatives of the deceased. They filed the suit as a Forma Pauperis, for damages to the tune of Rs. 10,00,000/-.

(3.) IN replication, the stand taken by the defendant-appellants was denied and reiterated even paras of the plaint.