RAJASTHAN STATE ELECTRICITY BOARD Vs. JATNA

JUDGEMENT

(1.) Heard learned counsel for the appellants and the respondents.

(2.) This appeal is directed against the order and decree dated 20.8.1998 passed by the Additional District Judge, Bali in Civil Suit No. 95 of 1995 for Rs. 1,80,000 with interest at the rate of 18 per cent from the date of institution to the date of payment of the decretal amount.

(3.) The facts of the case may be briefly summarised as below: Shesha Ram s/o Deva Ram, went to the agricultural fields, fully described in para 3 of the plaint, on 2.6.1994 at about 4.30 p.m. with the object of irrigating fields, when he was irrigating the fields, he came into contact with the supporting wire attached to the electric pole which has been installed in the middle of the field. As soon as he came into contact with the supporting wire of the electric pole, he received electric shock and as a consequence he died at the spot. The information about the incidence was given at the Police Station Sadri at 8.00 p.m. on 2.6.1994. Enquiry was conducted by the police under section 174 of the Criminal Procedure Code. Postmortem examination of Shesha Ram was conducted and it was found that he has died on account of electric shock. The police officer conducting the enquiry inspected the site and prepared the site plan as well as site inspection note. The respondents who were the legal representatives of the deceased Shesha Ram filed a suit under section 1-A of Fatal Accidents Act, 1855 against the appellants and claimed a sum of Rs. 5,30,400 as compensation.