AJMER VIDHYUT VITARAN NIGAM Vs. BHERULAL

JUDGEMENT

(1.) HEARD learned Counsel for the appellant as well as learned Counsel for the respondents.

(2.) THE appellant has challenged the judgment and decree passed by the trial court dated 2.6.2000 by which the trial court awarded damages total amounting to Rs. 1,65,500/ - to the plaintiffs.

(3.) THE defendants No.2 and 3 filed joint written statement and it was stated that defendant No.2 and 3 have not committed any negligence. It was submitted by the defendants No.2 and 3 that defendants No.2 never commited any negligence in his service and defendants No.2 and 3 were impleaded as party because of enimity. It is also submitted that a case was registered against the defendant No.2 and 3 Under Sections 337, 304 -A and 379 I.P.C. read with Section 39 of the Indian Electricity Act. In that case the defendants No.2 and 3 were acquitted on 15th May, 1998. The trial court, after framing issues, recorded the evidence of PW -1 Bherulal PW -2 Gordhanlal and PW -3 Mangilal whereas defendants produced witnesses DW -1 Sujal, DW -2 Bhupendra Kumar Chatar and DW -3 Ramchandra. After hearing arguments and examining the evidence produced by the parties, the trial court, while deciding issue No. 1, held that the plaintiffs failed to prove the negligence of Shankar Lal defendant No. 3 It was also relevant to mention here that there is no serious dispute about the fact that deceased Hira Lal died because of the flow of the electric connection as alleged by the plaintiffs. The trial court, while deciding issue No. 2 on the basis of the evidence produced by the parties, held that plaintiffs were entitled for Rs. 1,65,500/ - as damages.