AVVN LTD Vs. SARJUDEVI JAT

JUDGEMENT

(1.) The instant first appeal has been preferred by the appellants Ajmer Vidhyut Vitran Nigam Limited, Ajmer (Defendants before the Trial Court below) and its officers for assailing the judgment-cum-award dated 22.7.2019 passed by the learned Additional District Judge No. 1, Parbatsar, District Nagaur in Civil Original Case No. 84/2014 (CIS No. 28/2015) whereby, the learned Trial Court, accepted the claim filed by the respondents under the provisions of the Fatal Accident Act, 1855 and awarded them compensation to the tune of Rs. 10,60,660/- on account of death of Shri Chhoturam owing to the falling of snapped 11000 KV live electric wire on his person.

(2.) Brief facts relevant and essential for disposal of the present appeal are noted herein below. The respondents-plaintiffs filed a claim under the provisions of The Fatal Accidents Act, 1855 in the Court below impleading the appellants herein as defendants and alleging inter alia that a Babool tree had fallen down in the field of Shri Devkaran Harji Ram Nayak located at Khasra No. 119, Village Barvala due to a storm. Chhoturam along with Laxman Ram, Banshi Ram and Chaina Ram were removing the said tree by pruning its branches. While they were trying to remove the tree, the wire of 11000 KV electric line, which was passing from the said field, suddenly snapped and fell down on Chhoturam who got trapped in the electric flow. Banshi Ram tried to get Chhoturam released on which, he too got an electric shock. Laxman Ram and Chaina Ram called the concerned authorities at the electric grid and got the supply discontinued. Chhoturam passed away at the spot because of being the electrocuted and Banshi Ram got injured. The plaintiffs alleged that the appellants defendants had drawn the 11000 KV line for providing agricultural connections in the village Barvala a long time ago and lately, the said line had become old and dilapidated owing to lack of maintenance and the wires thereof had slackened. The distance between the two pylons/poles was not proper and nor were the pylons supported by stay wires. On 30.7.2014, one of the wires snapped and fell on the person of the deceased Chhoturam who was working in the field and as a result, he passed away at the spot. A report of this incident was given at the Police Station Makrana on the very day of the accident i.e. on 30.7.2014 whereupon, the inquest proceedings were initiated under Section 174 Cr.P.C. The claimants alleged that the defendant Corporation and its employees were responsible for the accident because they did not care to duly maintain or repair the old and decrepit 11000 KV electric line resulting into the snapping of the live wire and thereby causing the death of Chhoturam by electrocution. The salary of Chhoturam was claimed to be Rs. 10,000/- per month by way of doing farming jobs on his ancestral agricultural land and by dairy farming as well. The claimants stated that they were totally dependent on Chhoturam and sought compensation to the tune of Rs. 39,25,000/- with interest and costs of litigation.

(3.) The respondents filed the written statement denying the averments set out in the plaint. They admitted that the Babool tree had fallen down because of the storm, however, they claimed that the tree was huge and its branches had got entangled in the electric lines. The supply was being continued and the wire never snapped. Chhoturam had started pruning the branches of tree without getting the supply shut down and without intimating the respondents and due to this, he got trapped in the electric current which was passing through the over-headlines in which the Babool tree branches had got entangled. Neither had the wire snapped nor was there any possibility of its falling down. As soon as the employees of the Corporation received information of the accident, the workmen reached the site, get the supply disconnected and the branches of the tree, which were also get stuck in the electric line, were also get removed. Chhoturam died because of his own negligence. The electric wires were not slackened nor were the poles erected without following the parameters. All the 11000 KV electric lines were upto date and had been repaired in the Feeder Improvement Programme of the year 2004. The age and the income of the deceased were disputed. It was also pleaded that since the Managing Director of the Corporation was not impleaded as a party, the suit was not maintainable.