H.P.STATE ELECTRICITY BOARD Vs. GUDDI DEVI

JUDGEMENT

(1.) THIS is the defendants ' regular second appeal filed under Section 100 of the Code of Civil Procedure, assailing the judgment dated 23.12.2010 passed by the learned District Judge, Mandi, District Mandi, H.P. in Civil Appeal No. 85/2008, titled as Smt. Guddi Devi and others versus H.P. State Electricity Board and others. In terms of the said judgment, the judgment and decree dated 30th August, 2008, passed by Civil Judge (Junior Division), Chachiot at Gohar, District Mandi, Himachal Pradesh in Civil Suit No. 42 of 2006, titled as Smt. Guddi Devi and others versus H.P.S. E.B. and others, stand reversed. Shri Devinder Kumar, son of Shri Bhadru, resident of Village Pathan, died on 19.7.2003 due to electrocution on account of negligence on the part of the officials of the defendants (appellants herein). An FIR No. 89/2003 dated 19.7.2003 was registered against the officials of the appellants. At the time of death, Shri Devinder Kumar was doing menial job. He was 28 years of age. His income was just Rs.6,000/ - per month. His legal heirs being the wife, mother and two children, the present respondents, filed a suit for damages/compensation amounting to Rs.2,00,000/ - against the appellants.

(2.) THE trial Court, based on the pleadings of the parties, framed the following issues on 6 -12 -2006: - 1. Whether on dated 19 -7 -2003 Devinder Kumar alias Joginder Kumar died due to electric shock in his residence at Village Pathan due to sheer negligence of the defendants, as alleged? O.P.P. 2. If issue no. 1 is proved in affirmative then, whether the plaintiffs are entitled for damages and if so then to what extent? O.P.P. 3. Whether the suit of the plaintiffs is not maintainable? O.P.D. 4. Whether the suit of the plaintiffs is barred by limitation? O.P.D. 5. Whether the plaintiffs have got no enforceable cause of action against the defendants? O.P.D. 6. Whether the suit of the plaintiff has not been properly valued for the purpose of court fee and jurisdiction? O.P.D. 7. Whether deceased Devinder Kumar alias Joginder Kumar died due to his own negligence as alleged? O.P.D. 8. Relief.

(3.) HOWEVER , the learned District Judge, in the appeal filed by the plaintiffs, has reversed such findings of fact in terms of the impugned judgment.