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R.K.PATRA, SUBASH MAHTAB
SUPERINTENDING ENGINEER, ELECTRICAL CIRCLE – Appellant
Versus
LALA PRATAP KESHARI ROY – Respondent


Counsel for the Parties :
For the Appellants :M/s. B.K. Nayak & Associates, Advocates.
For the Respondents:M/s. K.N. Jena & Associates, Advocates.

ORDER

Mr. Justice R.K. Patra, President—The order of the Balasore District Forum directing the appellants to pay to the respondent a sum of rupees two lacs as compensation is the subject matter of challenge in this appeal.

2. The respondent filed the complaint claiming a sum of Rs. 3.5 lacs against the appellants. His case is that he had a dwelling house by the side of Women’s College Road of Bhadrak town. It was a thatched house where he along with his family members was staying. An overhead electric line was passing over the thatched roof of the dwelling house. On 18.4.1994 at ahout 3.30 p.m. a sparking from the overhead electric line fell on the dwelling house setting ablaze the entire house. Because of the negligence on the part of the appellant the sparking came out from the overhead electric line resulting in the fire accident. He filed the complaint claiming compensation of Rs. 3.5 lacs.

3. The appellants filed a joint written version denying the allegations. According to them one high tension-cum-low tension line along approx east-west direction in front of the damaged house of the respondnet and another single phase 3 wire line along approx north-south direction by its side w











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