PURI Vs. JODHPUR VIDHYUT VITARAN NIGAM LIMITED

JUDGEMENT

(1.) Both the appeals arise out of the common judgment and decree dtd. 6/7/2017 passed by the Additional District and Session Judge No.2, Barmer (hereinafter referred to as 'the trial court') in Civil Original Suit No.209/2015(43/2014) whereby the suit of the plaintiffs-claimants for compensation under the Indian Fatal Accident Act, 1855 (for short 'the Act') has been partly decreed and an amount of Rs.11,57,352.00 has been awarded as compensation. Hence, the same have been heard and are being decided together.

(2.) S.B. Civil First Appeal No.430/2017 has been preferred by the plaintiffs-claimants for enhancement of the compensation whereas S.B. Civil First Appeal No.327/2017 has been preferred by the Jodhpur Vidyut Vitran Nigam Limited (hereinafter referred to as 'the Corporation) with a prayer to set aside the judgment and decree.

(3.) The facts of the case are that a suit was preferred by the plaintiffs with the submission that on 13/7/2014, Shrawan Singh, husband of plaintiff no.1-Puri @ Purodevi, while trying to stop the cattle fight, came into contact with the loose wires of the transformer (DP) and got electrocuted. Because of the said electrocution, he sustained serious injuries and ultimately succumbed to the said injuries. An FIR qua the said incident was registered and after investigation, it was concluded that Shrawan Singh died due to electrocution. The Post Mortem Report also suggested death of the deceased by shock from electrocution. It was therefore averred that the respondent Corporation, which was liable and duty bound to maintain the electric wires, failed to perform its duties and because of the negligence of the Corporation in maintaining the electric appliances/instruments, the husband of the plaintiff no.1 got electrocuted and expired. Therefore, the Corporation, in its strict liability, is liable to compensate the plaintiffs.