JODHPUR VIDHYUT VITRAN NIGAM LTD. Vs. SITA DEVI

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the present first appeal is being finally decided at admission stage.

(2.) The instant first appeal under Sec. 96 of the Code of Civil Procedure, 1908 has been filed by the defendants-appellants -Jodhpur Vidyut Vitran Nigam Limited against the Judgment and Decree dtd. 18/3/2021 passed by the Additional District Judge No. 7, Jodhpur Metropolitan in Civil Original Suit No. 68/2019 titled as "Smt. Sita Devi and ors. Vs. Jd.V.V.N.L. and ors", whereby the civil suit filed by the plaintiffs-respondents under the provisions of Fatal Accidents Act, 1885 for grant of compensation, was decreed.

(3.) The brief facts of the case are that the plaintiffs (respondents herein) filed a civil suit under the Fatal Accidents Act, 1885 (afterwards referred to as "the Act of 1885") seeking compensation against the defendants (appellants herein) as well as Municipal Corporation, Jodhpur (respondent No. 6 herein) alleging inter alia that on account of gross negligence in maintaining the electricity lines by the Jodhpur Vidyut Vitran Nigam Limited and the Municipal Corporation, Jodhpur, Bhagwandas Valmiki got electrocuted. The plaintiffs in their plaint alleged that on 7/6/2002, Bhagwandas Valmiki (since deceased) was passing through main road near Chili and Garlic Restaurant, Jaljog Choraha, Jodhpur. At around 9.30 P.M., he got electrocuted by an electricity pole on account of negligence of the Jd.V.V.N.L. and the Municipal Corporation, Jodhpur in maintaining their electricity lines. The defendants did not maintain the poles and electricity lines properly. The plaintiffs sought compensation of Rs.35,07,000.00 from the defendants under the provisions of the Act of 1885. The defendants filed their written statements and denied that there was any negligency whatsoever, in maintaining the electricity lines. It was pleaded that tubular pole where incident was alleged to have happened was situated on a road divider and there was no passing way near tubular pole. Not only this, the pole was guarded by fencing and therefore, no fault could be assigned so far as maintenance of electricity lines by the defendants was concerned. The trial court, after trial and hearing the arguments of both the parties, passed Judgment and Decree dtd. 18/3/2021 decreeing the suit filed by the plaintiffs-respondents and directed the defendants - Jd.V.V.N.L. and Municipal Corporation, Jodhpur to pay compensation of Rs.8,88,652.00 along with interest @ 9% per annum to the plaintiffs from the date of filing of the suit till realization of money. Aggrieved by the Judgment and Decree dtd. 18/3/2021, this first appeal has been filed by the defendants-appellants -Jd.V.V.N.L. arraying plaintiffs and Municipal Corporation, Jodhpur as party respondents.