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2019 Supreme(Raj) 521

P.K.LOHRA
Jodhpur Vidhyut Vitatan Nigam Limited – Appellant
Versus
Devi Lal S/o Shri Jai Lal, B/c Jat, R/o Dhani Chhoti, Tehsil Rajgarh, District Churu, Rajasthan – Respondent


Advocates Appeared:
For the Appellant : Mr. C.P. Soni and Mr. Shyam Vyas

JUDGMENT :

1. Appellant-defendant Jodhpur Vidhyut Vitran Nigam Limited (for short, 'JdVVNL') through its officers has laid this this second appeal under Section 100 CPC to assail judgment & decree dated 13th of November, 2018, passed by Addl. District & Sessions Judge No.1, Rajgarh, District Churu (for short, ‘learned first appellate Court’), whereby learned first appellate Court has affirmed judgment and decree dated 18th of December 2017, passed by Civil Judge (Sr.Div.) Rajgarh (for short, ‘learned trial Court’), decreeing the suit of plaintiff-respondent for damages.

2. Necessary facts, for the purpose of this appeal, are that respondent-plaintiff filed a suit for recovery of damages under Order 7 Rule 1 CPC against appellant-defendants as his healthy she-buffalo died due to electrocution after coming in contract with loose live electric wire while grazing in the farm. As per the averments of plaintiff, the she-buffalo had delivered a baby buffalo just one month before death and was giving approx.18 kg milk per day. A report of the incident was lodged at concerned Police Station and thereafter postmortem was conducted by veterinary doctor. A sum of Rs.1,15,000 was claimed by the r

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