The High Court dismissed a writ petition filed by Jodhpur Vidhyut Vitran Nigam Ltd challenging an award of compensation of Rs. 7 lakhs by the Permanent Lok Adalat in a suit for compensation arising from an electrocution death.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 16444 / 2017
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Mahesh Joshi
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
15/12/2017
This writ petition has been filed on behalf of the petitioner – Jodhpur Vidhyut Vitran Nigam Ltd. (for short ‘the JVVNL’) being aggrieved with the judgment and award passed by the Permanent Lok Adalat, Bikaner whereby, it has directed the petitioner –
(2 of 3)
JVVNL to pay compensation of rupees seven lac along with interest at the rate of 9% to the respondent-claimants from the date of filing of the application i.e. 16.9.2016. The Permanent Lok Adalat, Bikaner has further ordered for depositing the said compensation in the fixed deposits and the bank accounts of the respondent-claimants Nos.2 to 5.
Brief facts of the case are that in an accident took place on 24.7.2016 in village Manaksar, Tehsil Kolayat, Distt. Bikaner, one Laxman Ram died on account of electrocution along with one lady Radha. A report with regard to the said accident was submitted at the police station and the police has conducted investigation and found that Laxman Ram and Radha died on account of electrocution when they touched the stayset fixed with a pole of 11000 K.V. electricity line which is passing through their agriculture field.
The respondent-claimants have filed an application under Section 22 of the Legal Services Authorities Act, 1987 before the Permanent Lok Adalat, Bikaner while claiming that Laxman Ram and Radha died on account of negligence and inefficient services of the JVVNL. It is alleged that due to improper maintenance of 11000 K.V. electricity line, the current was flowing in the stayset fixed with the pole of the electricity line and when the deceased came into contract of that stayset, they died due to electrocution.
The application filed on behalf of the respondent-claimants was opposed by the JVVNL which has claimed that as a matter of fact, the accident had not taken place at the 11000 K.V. electricity line, but took place at a pole of L.T. line situated near the house of
(3 of 3)
the deceased. It was also claimed that looking to the burn injuries on the body of the deceased, it cannot be said that the injuries could have received by L.T. line. The JVVNL has relied on an inspection report prepared by its officials.
The Permanent Lok Adalat, Bikaner has taken into consideration the inspection report prepared by the police during the course of investigation wherein, it is specifically mentioned that the accident occurred at the electricity pole of 11000 K.V. electricity line which is passing through the agriculture field of deceased and the claim of the JVVNL is not liable to be accepted that the accident occurred at the pole of L.T. line near the house of the deceased.
The Permanent Lok Adalat has also taken into consideration the photographs produced by the claimants, from which, it is clearly established that the electricity pole of 11000 K.V. line along with stayset is established in the agriculture fields of the deceased.
Having heard learned counsel for the petitioners and after going through the impugned judgment, I do not find any reason for interference in the finding of facts recorded by the Permanent Lok Adalat, Bikaner.
Hence, this writ petition is dismissed. Stay petition is also dismissed.
(VIJAY BISHNOI),J.
Ms rathore
1 issue framed by the court
Whether the High Court should interfere with the findings of fact of the Permanent Lok Adalat in a compensation claim arising from an accident.
1 provisions across 1 enactments
Jodhpur Vidhyut Vitran Nigam Ltd Through Managing Director
Jodhpur Vidhyut Vitran Nigam Ltd Through Assistant Engineer, Village Kolayat
Jodhpur Vidhyut Vitran Nigam Ltd Through Assistant Engineer, Bajju Tehsil
Permanent Lok Adalat, Bikaner
Mayadevi W/o Laxman Ram
Anjali D/o Laxman Ram
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
