JAIPUR VIDYUT VITRAN NIGAM LTD. Vs. LADA DEVI

JUDGEMENT

(1.) This first appeal under Sec. 96 CPC has been filed by appellant-defendant JVVNL (hereafter 'the JVVNL') against the judgment and decree dtd. 28/3/2003 passed by the District Judge, Jaipur District, Jaipur in suit No. 62/1998, whereby and whereunder the suit under the Indian Fatal Accidents Act, 1855 was decreed for compensation of Rs.5,57,000.00 with interest @ 9% per annum to plaintiffs on account of death of deceased Bishna Ram due to electrocution.

(2.) The facts of the case are that respondents plaintiffs (hereinafter 'plaintiffs') wife and sons of deceased Bishna Ram filed a civil suit claiming compensation on account of death of Bishna Ram, aged 32 years, who died on 23/6/1997 due to electrocution, while he was going to his agricultural field with bullock cart and calf near Dayal's agricultural field electricity wire of 11,000 KV was broken and lying on road due to which deceased suffered current and died on spot. Along with him Bulls and calf also died. It was averred that the deceased Bishna Ram was an agriculturists and due to negligence on the part of defendants he died, hence, the suit was filed for compensation to the tune of Rs.23,06,000.00.

(3.) On issuing notices JVVNL filed written statement on 18/12/1998, which was amended on 16/8/2002. They denied allegation of negligence and stated that no wire was broken as no such information was received about breaking of electricity wire of 11000 KV. Further their contention is that as soon as electric wire breaks, electricity supply disconnects automatically. There was no information to department about the fatal accident. It was stated that if due to natural calamity electricity wire breaks, the department cannot be held responsible. However, they did not deny the factum of death of deceased due to electrocution. It was stated that suit for compensation cannot be filed for death of bull, buffalo, calf etc. therefore, the same be dismissed.