KANYA Vs. JAIPUR VIDYUT VITRAN NIGAM LTD.

JUDGEMENT

(1.) These two appeals arising out of the same incident and facts being identical, are being decided by this common order. SB Civil First Appeal No. 217/1996 (Kanya & Ors. v. JVVNL, Jaipur).

(2.) The brief facts of the case are that one Mr. Sheoji was engaged in the trade of camels and on 24.03.1989 Mr. Sheoji and Mr. Sailani were going together from village Gadwari to Manoharpur on their camel. When they reached Kharya Nala at about 8-9 P.M. at that particular point of time, the camel came in close contact of electric wire in which current was flowing, as a consequence thereof Mr. Sheoji & Mr. Sailani, also came in close contact of electric wire & received shock as a result of which Mr. Sailani died on the spot & Mr. Sheoji became unconscious & expired thereafter on 28.03.1989 at SMS Hospital, Jaipur. It was claimed that the electric wire was situated on the side where the camel was going and broken electric wire was lying down in which the current was flowing and at that particular point of time, the deceased Mr. Sheoji was aged about 36 years and it was claimed that he was engaged in the trade of camels and apart from the said business, was also engaged in the business of playing music on drum (Nagada) & flute and was earning about Rs. 2,000/- per month. It was claimed that the claimants were dependent on the earnings of Mr. Sheoji and claimed an amount of Rs. 5,43,000/- as damages/compensation.

(3.) In this case, the facts remains the same as the deceased Mr. Sailani was also with Mr. Sheoji on the same camel but Mr. Sailani is said to be aged about 29 years only and it was claimed that he was earning an amount of Rs. 900/- per month and claimed an amount of Rs. 2,00,000/- as compensation/damages.