AJMER VIDYUT VITRAN NIGAM LTD. Vs. SUMAN DEVI

JUDGEMENT

(1.) With the consent of both the parties, matter is heard finally at the stage of order.

(2.) Challenge in the present first appeal filed by the appellants/non-claimants under Section 96 CPC read with Order 41 Rule 1 has been made to the judgment and decree dated 17.02.2012 passed by the Court of Additional District and Sessions Judge (Fast Track) No.1, Jhunjhunu (Raj.), in civil suit (fatal accident) No. 47/2011 (155/2010) (Smt. Suman Devi and Ors. v. AVVNL and Ors.) whereby the Court below awarded compensation of Rs.14,12,400/- to the respondents/claimants.

(3.) Facts of the case in nutshell are that respondents/claimants filed a civil fatal accident claim before the Court below against the present appellants/non-claimants mentioning therein that on 23.04.2010, Shishupal Singh get injured due to electrocution and thereafter, on 24.04.2010 he died. According to the claimants Shishupal Singh and his elder brother were raising construction in their house, which was situated under the High Voltage electric line. All of sudden, electric broken wire fell on their house and as such, Shishupal Singh got injuries and due to electrical shock he died ultimately on the next day. Thus, claimants filed a claim petition for compensation to the tune of of Rs. 97,97,696/-. The appellants/non-claimants filed a written statement of denial. On the basis of the pleadings of the parties, the Court below framed four issues. The claimants in support of their case got examined four witnesses and exhibited 32 documents. The non-claimants in support of their case got examined two witnesses and exhibited eight documents. The Court below vide its judgment and decree dated 17.02.2012 awarded a compensation to the tune of Rs. 14,12,400/- to the claimants/respondents. The non-claimants aggrieved and dissatisfied with the impugned judgment and decree has preferred the present appeal before this Court.