This appeal challenged the District Judge's order awarding Rs. 3 lakhs for death caused by a transformer fire under the appellant's control. The High Court found no illegality and that the amount was reasonable, dismissing the appeal.
The appeal is dismissed with no substantive order against the parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil First Appeal No. 273 / 2016
----Appellants Versus
----Respondents
For Appellant(s) : Mr. Rajendra Choudhary on behalf of Mr. Pradeep Paliwal
For Respondent(s) : Mr. Manish Kumar Pitaliya
JUSTICE DINESH MEHTA
Judgment
25/04/2018
The present appeal has been filed under Section 96 of the Code of Civil Procedure laying challenge to the judgment and decree dated 05.05.2016 passed by the learned District Judge, Chittorgarh in Civil Suit No.170/2012.
The facts in nutshell are that a boy – Kushraj, aged 12 years on 2.12.2011 met with a fatal accident as the transformer installed at the adjacent field caught fire; the oil of the transformer spilled over catching the fire too, taking in its sweep, deceased Kushraj and his sister Anju.
The learned Court below has recorded a categorical finding
(2 of 2)
[CFA-273/2016]
that the accident occurred due to fire spilled over from in the transformer and the cause of the accident was solely attributable to the Ajmer Vidhyut Vitran Nigam Limited and its officers/staff. Having recorded the said finding, the Court below has awarded a sum of Rs.3,00,000/- along with interest @ 6% from the date of filing of the application.
Mr. Choudhary, learned counsel appearing for the appellants contended that the Court below has erred in awarding a sum of Rs.3,00,000/- to the claimant as the deceased was not engaged in any vocation or he was not earning member.
Having heard learned counsel for the parties and upon perusal of the material available on record, this Court does not find any illegality and infirmity in the judgment impugned. The appellants have not been able to satisfy the Court about their due diligence or absence of negligence. The accident admittedly took place as a result of flaring of the transformer, which was under the control and supervision of the appellants.
The amount of Rs.3,00,000/- awarded to the claimants for loss of their beloved Kushraj cannot be said to be excessive or unreasonable in any manner.
There is no substance in the appeal at hands and the same is thus dismissed.
(DINESH MEHTA), J.
Anurag Shukla/28
1 issue framed by the court
Whether the award of Rs. 3,00,000/- as compensation for death caused by negligence of the appellant was excessive or unreasonable.
1 provisions across 1 enactments
A.V.V.N. Ltd.
Nathu Lal S/o Chunni Lal Teli
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
