PEMARAM Vs. JVVNL

JUDGEMENT

(1.) Deceased Mahendra Borana, who was on his cycle while going for delivering milk to customers in order to earn bread, would have not even dreamt that he would never return alive. He came in contract with a live electric wire lying on the road and due to electrocuted, he died instantaneously at the spot leaving behind him the family members who were dependent on him.

(2.) Appellant-plaintiffs have filed this appeal under Section 96 Civil Procedure Code for enhancing the amount of damages awarded by learned District Judge, Balotra in Civil Original Suit No.22/1999 with the prayer to decree the suit as per their claim with cost and interest.

(3.) The claim as has been submitted by the appellant-plaintiffs before the learned District Judge inter-alia states that due to sheer negligence on the part of the employees of the Rajasthan State Electricity Board (Now Jodhpur Vidhyut Vitran Nigam Limited) the said incident took place and the young son of appellants No. 1 and 2 died. The appellants No.1 and 2 are father and mother of the deceased and the appellant No. 3 to 7 are sisters while appellant No. 8 is his brother. It was stated that the deceased who was studying in Class X was a brilliant student and has passed his Class IX examination in 1st Division. By supplying milk in morning and evening he was earning Rs. 3,000/- per month and thereby helping the entire family to pull on. An amount of Rs. 14,60,000/- was claimed as loss of income and monetary help and Rs. 4,00,000/- was claimed for pain, sufferings and mental shock suffered by the family members. In all, damages to the tune of Rs. 18,60,000/- were claimed with interest @ 12%.