A.V.V.N.L and Anr. v. Shaitan
Case brief
What is this about?
The High Court dismissed this civil appeal filed by Ajmer Vidyut Vitran Nigam challenging a trial court decree awarding Rs. 40,000 to the respondent plaintiff for the death of a camel and injury to another due to faulty electricity lines. The Court applied principles of res ipsa loquitur to uphold the trial court's finding of negligence.
What the court decided
A compact analysis
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. 271/2015
- Ajmer Vidyut Vitran Nigam Limited through Chairman, Ajmer.
- Assistant Engineer, Ajmer Vidyut Vitran Nigam Limited, Jahajpur, District Bhilwara, Rajasthan, through the Executive Engineer, Ajmer Vidyut Vitran Nigam Limited, Shahpura, District Bhilwara, Rajasthan.
----Appellant
Versus
Shaitan S/o Sh. Balu Rewari, aged about 53 years, Resident of Devapura, Tehsil Jahajpur, District Bhilwara.
----Respondent
For Appellant(s) : Mr. Navneet Singh Birkh. For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI Judgment
22/03/2021
This appeal is directed against the judgment and decree dated 25.3.2015 passed by Additional District Judge, Shahpura, District Bhilwara, whereby, the suit for compensation filed by the plaintiff for death of a camel and injury to another has been decreed and a sum of Rs. 40,000/- has been ordered to be paid alongwith interest @ 4% per annum from the date of filing the suit i.e. 4.9.2012.
Issues for consideration
3 issues framed by the court
Whether disclosure of accident information and absence of officer at postmortem prove no negligence or electrocution.
Whether the compensation of Rs. 40,000 awarded to the plaintiff for death of a camel and injury to another is excessive.
Whether the trial court committed an error in decreeing the suit for compensation.
Parties & counsel
- appellant
Ajmer Vidyut Vitran Nigam Limited
- respondent
Shaitan
Coram
Arun Bhansali
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · March
- Registered
- Case no.
- CFA/271/2015
Similar cases
Judgements on the same questions, provisions and authorities, from every court