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2016 Supreme(Raj) 366

MOHAMMAD RAFIQ
Jaipur Vidhyut Vitran Nigam Ltd. , Jaipur – Appellant
Versus
Narayani Devi – Respondent


Advocates Appeared:
For the Appellants :Alok Garg with Lalima Purohit, Advocates.
For the Respondents:Ashok Mehta, Senior Advocate with Siddharth Jain, Advocate.

ORDER :

Mohammad Rafiq, J.

Defendant-appellants have preferred this first appeal aggrieved by judgment and decree dated 07.09.2001 passed by learned Additional District Judge No.1, Jaipur District, Jaipur, in Civil Suit No.14/1996, whereby the suit of the plaintiff-respondents has been decreed in part.

2. Briefly stated the facts of the case are that in the night of 10.02.1995 when one Malu Ram was plowing the field, he received electric shock through pole and died on the spot. His death was due to the negligence on the part of the officials of the then Rajasthan State Electricity Board, who made defective wiring on the electric pole as they did not install insulator. He was the sole bread earner of the family and the plaintiff-respondents were dependent upon him. Plaintiff-respondents filed suit seeking compensation for the death of said Shri Malu Ram. The suit was contested by the defendant-appellants stating that there was no negligence on the part of the RSEB. The wiring was rightly done and the insulator was there and that the cause of death of said Shri Malu Ram was not due to electric shock, but it was for some other reason. Learned trial court framed issues and recorded eviden








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