CHAIRMAN, AJMER Vs. GULABI DEVI

JUDGEMENT

(1.) This first appeal under Sec. 96 CPC has been filed against the judgment and decree dtd. 20/2/2008 passed by the Additional District Judge No.1, Sikar, in Suit No.156/2005 (Fatal Accident Case), whereby and whereunder the suit claiming compensation has been decreed and allowed compensation of Rs.3,70,000.00 to plaintiffs against the defendant AVVNL on account of death of Ramesh Kumar Arya, plaintiffs's husband and father due to electrocution.

(2.) Respondents have filed an application for disbursement of compensation amount, however, the impugned award was passed on 20-2- 2008 and this first appeal is pending since 2009, with the consent of counsel for both parties, appeal itself has been heard finally on merits.

(3.) The facts of the case are that respondents plaintiffs (hereafter 'the plaintiffs') filed a civil suit under Sec. 1(a) of the Fatal Accident Act, claiming compensation on account of accidental death of Ramesh Kumar Arya, who died on 7/7/2004 because of electrocution, at 7.30 AM while he went to start boring machine installed at the well in his field he was touched with the wire used for electric pole, in which electric current was passing. Sustaining current Ramesh Kumar became unconscious and was thereafter taken to Government Hospital Palsana, but was declared dead. Since the plaintiff No.1 is a lady, plaintiff No.2 only major son and plaintiffs No.3&4 were minor daughters, they were shocked therefore FIR in this regard could not be lodged immediately, and when they tried to register the report regarding death of Ramesh Kumar, the Police Station Ranoli did not lodge the report. Therefore, complaint was filed before the court, which under Sec. 156(3) CrPC forwarded the same to Police Station. It was alleged that out of white insulators fixed on wires one insulator was broken due to which current was passing and many times it passed through wire used for the pole. It was stated that written complaints were made to the electricity department, but the same was not repaired. The deceased was 44 years at the time of incident and was well healthy person. It was claimed that the deceased was a well versed farmer, engaged in milk trade having ten buffaloes and owning Indica car, he was earning Rs.10,000.00 per month. As such alleging negligence on the part of defendants suit was filed claiming compensation to the tune of Rs.40,21,000.00.