CHAIRMAN, HPSEB Vs. JASBIR KAUR

JUDGEMENT

(1.) THIS is a regular first appeal filed by the appellants under Section 96 of the Code of Civil Procedure, against the judgment and decree, dated 25.11.2004, passed by the learned Additional District Judge (Fast Track Court), Una, vide which the suit of the respondents/plaintiffs for damages was decreed for a sum of Rs.1,80,000/ -, as against the appellant/defendants.

(2.) BRIEFLY stated the facts of the case are that a suit for recovery of damages amounting to Rs.3.00 lacs was filed by the plaintiffs as indigent persons. It was alleged that the applicants are the legal heirs of deceased Sucha Singh, who died on 3.11.1998, at about 9.30 a.m. It was alleged that the deceased had gone to the roof of his house to spread out wet tarpaulin and all of a sudden, touched the iron angle and was caught in the current of electricity leading to his death. It was also alleged that the defendants had not applied tape over the wire. The deceased died on the spot, was taken to the hospital where he was declared dead. It was alleged that the defendants were duty bound to check the service wire and to tape the leaking portion as well as joints and, therefore, the death had taken place due to the negligent act of the defendants. The age of the deceased was alleged as 35 years and that the deceased was earning Rs.4,000/ -per month by working as a Driver and the plaintiffs being dependants upon him, have filed the present suit for damages.

(3.) ON the pleadings of the parties, the learned trial Court framed various issues and the main issue was as to whether the deceased died as a result of electrocution due to the negligent act of the defendants. The findings on this issue were given in affirmative and the suit was decreed for damages to the extent of Rs.1,80,000/ -.