AJMER VIDHYUT VITRAN NIGAM LTD. Vs. SOHANI

JUDGEMENT

(1.) This first appeal under Sec. 96 read with Order XLI Rule 1 CPC has been filed against the judgment and decree dtd. 30/3/1999 passed by the Additional District Judge No. 1 Sikar, in Suit No. 99/1998, whereby and whereunder decreeing the suit claiming compensation under the Indian Fatal Accidents Act, 1855 allowed compensation Rs.2,88,000.00 to plaintiffs against appellant AVVNL on account of death of their husband and father due to electrocution.

(2.) The facts of the case are that respondents plaintiffs (hereafter 'the plaintiffs') filed a civil suit claiming compensation on account of accidental death of their husband and father Kushla Ram, aged 37 years, who died on 21/1/1997 because of electrocution, while he tried to start pump-set installed at the well of his field. The pump-set was burnt due to heavy load of electricity. It was stated that electric connection was taken since 17/1/1995 and near the well of plaintiffs there was electricity line of 11000 KV of which wires were loose. Wire of that electricity line was broken and fell on the electricity line from which connection was in the pump-set and when deceased Kushla Ram tried to start pump-set died due to electrocution. Report of the accident was lodged at the Police Station Losal. The accident was occurred due to negligence in maintaining electricity line by defendants. As such alleging negligence on the part of defendants suit was filed claiming compensation to the tune of Rs.26,65,000.00.

(3.) On issuing notices appellants-defendants filed written statement and denied the allegation of negligence and stated that there was no complaint regarding loose-wires. The pump-set was installed in a gumti, for which the deceased himself was responsible and defendants were not liable for the accident. It was also stated that no information regarding death of Kushla ram was given to the department. Therefore, defendants are not responsible for the death of deceased. Defendants did not commit any carelessness in their duty and accordingly prayed for dismissal of suit.