RAJASTHAN VIDHYUT VITRAN NIGAM LTD. Vs. RAMWATI

JUDGEMENT

(1.) This first appeal under Sec. 96 CPC has been filed against the judgment and decree dtd. 11/4/1989 passed by the District Judge Bharatpur, in Suit No. 86/1986, whereby and whereunder decreeing the suit claiming compensation under the Indian Fatal Accidents Act, 1855 allowed compensation Rs.90,000.00 to plaintiffs-claimants (hereafter the plaintiffs') against the appellant-defendant Rajasthan Vidyut Vitran Nigam Limited (hereafter 'the defendant') on account of death of husband and father of claimants due to electrocution.

(2.) The facts of the case are that respondent plaintiffs (hereafter 'the plaintiffs') filed a civil suit claiming compensation on account of accidental death of their husband and father Mohar Singh, aged 35 years, who died at the spot on 13/6/1984 at Helak gate because of electrocution, while he was going for earning his labour he met with a wire lying on road and sustained electrocution. It was averred that proper insulator was not fixed due to which while wire was broken and lying on road current was passing through, therefore, the defendant was responsible for such lapse. It was averred that the deceased was earning Rs.15.00 per day and spent for family without any expenses for himself. As such alleging negligence on the part of defendants suit was filed claiming compensation to the tune of Rs.1,54,000.00.

(3.) On issuing notices defendant filed written statement and denied the allegation of negligence and stated that there was heavy rain, thunderstorm and hailstorm in the night of 12 and 13/6/1984, due to which the wire was broken and on receiving information about death of deceased electricity was disconnected in the area. However, they admitted the fact of accident and did not disputed the factum of death of deceased because of electrocution.