The central legal point established is that liability for damages under the Fatal Accidents Act can arise from negligence in the installation and maintenance of electric lines.

1. - Heard the learned Counsels for the appellants and respondents.

2. This appeal is directed against the judgment dated 2nd November, 1998, passed by the Additional District Judge, Bali, in Civil Suit No. 94/99 decreeing plaintiff's suit for Rs. 2,17,000/- with the interest at the rate of 18 per cent per annum from the date of institution of the suit to the date of realisation.

3. The facts of the case may be briefly summarised as follows : the plaintiffs-respondents filed a civil suit under Section 1-A of the Fatal Accidents Act in the Court of Additional District Judge, Bali, with the prayer that a sum of Rs. 7,00,000/- be awarded as compensation. According to averments made in the plaint, Rainga earned his livelihood by agricultural labourer. He was cultivating the field of Chhoga Ram at Bera Dedawa. The defendants has installed an electric line over the said Bera and electric pole had been installed in the agricultural field of Bera Dedawa. A supporting wire was also installed with the electric pole. On 12.6.1994 at about 3.30 p.m. as soon as Rainga Ram came into contact with supporting wire of the electric pole, he received an electric shock and by the time he could be separated from the electric wire, he died. Thereafter the father-in-law of Rainga Ram and some other persons reached the spot and separated Rainga Ram from the electric wire.

4. The accident was reported at the police station Bali and an inquiry under Section 174 of the Criminal Procedure Code was conducted. The panchnama as well as other papers were prepared during the inquiry. Post mortem examination of Rainga Ram was conducted and it was found that he died due to electric shock which he received by coming into contact with a supporting wire attached to electric pole.

5. It was alleged in the plaint that defendants had committed negligence in proper maintenance of the electric pole and supporting wires attached thereto and a sum of Rs. 7 lacs was claimed by way of compensation.

6. Suit was contested by the defendant-appellants. It was denied that there was any negligence in proper maintenance of the electric pole and the supporting wire. It was also stated in the written statement that on 12.6.1992 there was heavy rains and storms and Rainga Ram was using supporting wire for tying his bullocks, inspite of fact that he was asked not to do so, and therefore, Rainga Ram was responsible for his own death. It was also stated in the written statement that no electric current was flowing from the supporting wire attached to the electric pole. The defendants prayed for the dismissal of the suit. Learned District Judge framed following issues -

(1) Whether the deceased Rainga Ram was earning Rs. 20,000/- annually from agriculture ?

(2) Whether the deceased died on account of shock which he received by coming into contact with wires of the pole which was standing in the Bera Dedawasar in Sarhad Sewadi on 12th June, 1994 ?

(3) Whether the alleged accident occurred on account of carelessness and negligence on the part of the defendants. If so, to what extent plaintiffs are entitled to compensation ?

(4) Whether the suit for compensation is not maintainable ?

(5) Relief if any ?

7. Dr. Kailash Singh Deora PW.1, Arun Singh PW2 and Smt. Pani Bai wife of Rainga Ram PW3 and Ram Lal PW4 were examined in support of the claim. Ram Dass Shankhla DW.1, who was a junior engineer in the employment of defendants, was examined on behalf of the defendant in rebuttal.

8. After considering the evidence as well as the arguments advanced by the learned Counsel for the parties, the learned Additional District Judge, decreed the claim for Rs. 2,17,000/- with interest at the rate of 18 per cent per annum from the date of institution to the date of realisation.

9. The learned Counsel for the appellants has submitted that the learned trial Court has committed an error by holding that the death of Rainga Ram was due to negligence in not proper maintenance of electric poles and supporting wire.