The High Court of Rajasthan dismissed the first appeal filed by electricity supply companies challenging a lower court's award of Rs. 4,90,000 for death allegedly caused by electrocution due to negligent maintenance of an electrical pole.
The appeal was dismissed to allow the trial court's judgment and decree awarding Rs. 4,90,000 to stand.
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. 371 / 2017
----Appellants
Versus
Smt. Uma @ Fuma Devi W/o Late Shri Bheru Singh, By Caste Rawna Rajput, Resident of Village Altwa, Tehsil Makrana, District Nagaur.
----Respondent
For Appellant(s) : Mr. Manoj Bhandari
JUSTICE DINESH MEHTA Order
15/05/2018
The present appeal under Section 96 of the Code of Civil Procedure, has been filed by the appellants – defendants, laying challenge to the judgment and decree dated 04.04.2017 passed by learned Additional District and Sessions Judge, Parbatsar, District Nagaur (hereinafter referred to as the ‘trial Court’), whereby the claim petition filed by the claimant - respondent under the provisions of the Fatal Accidents Claim Act, 1855 has been allowed and a sum of Rs.4,90,000/- had been awarded.
The facts needful for the purpose of present appeal are that the claimant- respondent filed a suit for damages inter alia indicating that on 08.07.2009 at about 5:00 p.m., Om Singh, Jairam and Manrup went to agricultural field for doing the
(2 of 2)
[CFA-371/2017]
agricultural work, when they got electrocuted by the supporting wire of an electrical pole.
The claimant alleged that the supporting wire was charged with the electricity, for which, Om Singh aged 11 years got electrocuted and succumbed to death.
The court below after appreciating the documentary and oral evidence has found that there was absence of proper upkeep and maintenance of the electric line and negligence of the appellant - Jaipur Vidyut Vitran Nigam Limited for which, the earthing wire of the pole got charged with the electricity resulting in fatality.
The trial court passed an award of Rs.4,90,000/-, while relying upon the judgment of Hon’ble Supreme Court, rendered in case of Kishan Gopal & Ors. vs. Lala Ram, reported in 2013 DNJ SC 718, wherein Hon’ble Supreme Court has held that in case of non-earning member, the notional income of Rs.30,000/- is to be reckoned, while applying a multiplier of 15.
The judgment passed by the trial court is in conformity with the aforesaid judgment of Hon’ble the Supreme Court and the finding of negligence of the appellant - Jaipur Vidyut Vitran Nigam Limited is infallible.
This Court does not find any reason to interfere in the order impugned.
The appeal therefore, fails.
(DINESH MEHTA), J.
Himanshu/- 43
2 issues framed by the court
Whether the appeal filed by the electricity supply companies challenging the award of damages should be allowed.
Whether the trial court's finding of negligence regarding the lack of proper upkeep and maintenance of the electric line warrants interference.
Colour shows how this judgement treated each authority
Kishan Gopal & Ors.Relied on¶20
Kishan Gopal & Ors. vs. Lala Ram, 2013 DNJ SC 718
2 provisions across 2 enactments
Jaipur Vidyut Vitran Nigam Limited
Ajmer Vidyut Vitran Nigam Limited
Assistant Engineer, Rural, Ajmer Vidyut Vitran Nigam Limited
Smt. Uma @ Fuma Devi W/o Late Shri Bheru Singh
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
