MANAGING DIRECTOR Vs. MISHRI DEVI

JUDGEMENT

(1.) Appellants have preferred this first appeal to assail impugned judgment and decree dated 23rd of January, 2017 passed by District Judge, Jodhpur, District Jodhpur (for short, 'learned trial Court'). The learned trial Court by the impugned judgment partly allowed claim of respondent-plaintiffs under Section 1A and 2 of the Fatal Accidents Act, 1855.

(2.) Respondent-plaintiffs in the plaint, inter alia, averred that on 5th of May, 2012 when Kanaram was cultivating agricultural field, an electric wire fell on him resulting in his electrocution. The current flowing in LT wire was of high magnitude, and therefore, due to its impact, Kanaram died on the spot. After death of Kanaram, matter was reported to police and requisite inquiry for cause of death under Section 174 Cr.P.C was conducted in Inquest No.22/2012. Autopsy of deceased was also carried out, wherein cause of death was shown as electrocution. Mentioning age of the deceased Kanaram as 26 years and showing annual income at Rs.10 lacs per annum, respondent-plaintiffs quantified total amount of compensation to the tune of Rs.2,36,60,000/- with interest @ 18% per annum.

(3.) The suit is contested by appellants by filing written statement. Refuting all the averments made in the plaint, it is averred in the return that electric appliances were properly maintained by the Department and requisite inspections of these apparatus were also carried out from time to time. It is also pleaded in the written statement that deceased was involved in pilferage of electricity and in such attempt, he manipulated electric wires which eventually resulted in his electrocution. With all these pleadings, the appellants prayed for rejection of the claim of the respondents.