SHAITAN Vs. AJMER VIDYUT VITRAN NIGAM LTD

JUDGEMENT

(1.) Heard the learned counsel for the appellants.

(2.) This appeal on behalf of the plaintiffs under section 96 of the Code of Civil Procedure, is directed against the judgment and order dated 16.11.2006 passed by the Additional District Judge (Fast Track) No. 2, Ajmer, Camp at Beawar in Civil Suit No. 112 of 2005 (219 of 2004), whereby the learned trial court dismissed the suit of the plaintiffs for compensation under the provisions of Fatal Accidents Act, 1855 (hereinafter shall be referred to as 'the Act, 1855').

(3.) Briefly stated the facts of the case are that the plaintiffs-appellants filed a suit for compensation on 24.2.2004 under the provisions of the Act, 1855, against the defendants in the trial court, wherein it was pleaded that the defendant No. 3, Chhotu Singh, s/o Gheesa Singh had an electricity connection at his well from the defendant Nos. 1 and 2. In the night of 17.3.2000, one Mangi Lal went to the well of defendant No. 3 to bring water therefrom in his tanker and there he received electric shock and died. It was also pleaded that the incident took place because of negligence on the part of the employees of defendant Nos. 1 and 2. A first information report No. 46 of 2000 was also lodged at Police Station, Bhinaya. The police after completion of investigation filed a challan against defendant No. 3. At the time of his death, the deceased was 25 years of age and was a skilled driver, earning Rs. 4,000 per month with daily allowance of Rs. 50. The plaintiff Nos. 1 and 2 are parents and the plaintiff No. 3 is younger minor brother of deceased. The plaintiffs claimed total compensation of Rs. 22,00,000 with interest at the rate of 18 per cent per annum.