AJMER VIDHYUT VITRAN NIGAM LIMITED Vs. GYARSI LAL

JUDGEMENT

(1.) This first appeal under Sec. 96 CPC has been filed against the judgment and decree dtd. 6/3/2003 passed by the Additional District Judge No.2, Sikar, Camp Srimadhopur, in Suit No.9/2002, whereby and whereunder decreeing the suit allowed damages to plaintiffs under Sec. 1(A) of the Fatal Accidents Act, 1855.

(2.) The facts of the case are that respondent plaintiffs (hereafter 'the plaintiffs') filed a civil suit claiming damages for electrocution with Smt.Santosh Devi wife of plaintiff Gyarsi Lal and mother of other plaintiffs, who died at the spot on 14/3/2000 at 4.00 PM because of electrocution, while she was working in her agricultural field. It was averred that 11000 KV line was going over their agricultural land and lines were not properly insulated due to which the deceased Santosh Devi while irrigating crops sustained electric current and died on spot. Alleging negligence on the part of defendant company suit was filed claiming damages to the tune of Rs.48,25,000.00.

(3.) On issuing notices appellants-defendants (hereafter 'the defendants') filed written statement and denied the allegation of negligence and stated that because of bad weather some wires touched the ground on account of which the accident occurred and the deceased died. The defendants did not receive any complaint regarding faulty electric lines and it was the duty of plaintiffs to take proper precaution while working nearby electric lines and no liability could be shifted upon defendants