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2019 Supreme(Raj) 837

PRATAP KRISHNA LOHRA
Ajmer Vidhyut Vitaran Nigam Limited – Appellant
Versus
Bhima – Respondent


Advocates Appeared:
For the Appellant : S.K. Vyas, Adv.
For the Respondents: Parikshit Nayak, Adv.

JUDGMENT :

Pratap Krishna Lohra, J.

1. Matter comes up on an application filed on behalf of appellants seeking stay on execution of the impugned judgment and decree, or in the alternative extending time period for deposition of requisite amount in compliance of order dt. 21st of April, 2014.

2. With the consent of learned counsel for the parties, appeal is heard finally at this stage.

3. By the instant first appeal, appellants have assailed legality and propriety of judgment and decree dt. 6th of January, 2014, passed by District Judge, Banswara (for short, 'learned trial Court'), whereby learned trial Court has partly decreed the suit of respondents under Sec. 1-A of the Fatal Accidents Act, 1855 (for short, 'Act') and awarded damages to them.

4. By the impugned judgment & decree, learned trial Court, while partly decreeing the suit awarded damages to the respondents to the tune of Rs. 2,50,000/- with interest @ 8% per annum from the date of institution of the suit.

5. The facts apposite for the purpose of this appeal are that respondent-plaintiffs filed the aforementioned suit against appellant-defendants claiming compensation to the tune of Rs. 10 lakhs, inter alia, on the ground that

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