SAMDA DEVI Vs. JAIPUR VIDYUT VITRAN NIGAM LTD.

JUDGEMENT

(1.) The present appeal under Sec. 96 CPC has been preferred by the appellants-claimants (for short 'the claimants') being dissatisfied with the judgment and decree dtd. 30/8/2019 passed by the District Judge, Tonk, (for short 'the trial Court') in civil suit No.14/2018, whereby the trial Court has decreed a sum of Rs.5,28,820.00 along with interest @7.5% per annum from the date of filing the suit till realization as compensation in favour of the claimants.

(2.) The claimants filed a suit for compensation before the District Judge, Tonk with the averment that on 14/9/2017, the claimants' husband and father Mohan Lal Raigar had gone for masonry work at the house of Smt. Geera Devi @ Kaushalaya in Shiv Colony, Kuchalwada Road. At about 3.00 P.M. (Noon) he came into contact with 11000 KV electricity line passing over the said house, in which due to supply of voltage, electric current was flowing on. Mohan Lal Raigar was electrocuted and he was taken to hospital at Deoli, where he was declared dead. In this regard, a report was lodged in Police Station Deoli under Sec. 174 CrPC, in which during investigation police, found negligency on the part of the respondents-defendants. The claimants claimed Rs.56,40,000.00 with interest @ 24% per annum as compensation.

(3.) The defendants filed their written statement. They denied any negligency on their part and stated that the entire negligency was attributed to the owner of the house. On the basis of pleadings of the parties trial Court framed as many as four issues.