NAND LAL DHAKAD Vs. SARPANCH GRAM PANCHAYAT

JUDGEMENT

(1.) These two appeals, arising out of two separate and identical judgments dated 19.1.2018 passed by the learned Additional District Judge No. 2, Chittorgarh in Civil Suits Nos. 18/2010 and 19/2010 respectively, involve common questions of facts and law and thus are being decided together by this judgment.

(2.) Brief facts relevant and essential for disposal of the present appeals are noted hereinbelow. Two boys named Babu Lal and Om Prakash drowned to death in the village rain water Sodarshanpura pond (Naadi) on 19.7.2009. The appellants Shambhu Lal and Smt. Durga Devi, being the father and the mother respectively of the child Babu Lal, filed Civil Suit No. 18/2010 and the appellant Nand Lal, being the father of the child Om Prakash, filed Civil Suit No. 19/2010 under the provisions of the Fatal Accidents Act, 1855 in the Court of the Additional District Judge No. 2, Chittorgarh seeking compensation to the tune of Rs.15.30 lacs and 16.30 lacs respectively by impleading the Sarpanch, Gram Panchayat, Daulatpura; Vikas Adhikari, Panchayat Samiti Begun; and the State of Rajasthan, through the District Magistrate, Chittorgarh as defendant parties. The suits filed by both set of plaintiffs contain exactly identical averments regarding the manner in which the incident happened. For the sake of ready reference, the contents of para Nos. 3 to 5 of the plaints, which were allegedly the primary causes of action for the lis are reproduced hereinbelow while omitting the names of the respective deceased :

(3.) The defendants were summoned and they filed written statement in both the claims asserting inter alia that the Nadi (pond) was an old existing natural water body and was not man- made. It was, however, absolutely safe. The rivers, nalas, ponds etc. in the villages are found commonly and usually devoid of any boundary wall or safety measure because it is impractical to do so. It is the person getting into the pond himself, who has to ensure that precautions are taken while doing so because failure to do so could result into an accident. Thus, the plaintiffs were attributed negligence and were held responsible for the accident because they had assigned the job of grazing the cattle to their minor sons without ensuring proper supervision. The Nadi was at a distance of 500 meters from the village and was located amidst the Charagah land, which was not a place meant to be used as children's playground. On these grounds, the respondent defendants sought dismissal of the suits.