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2022 Supreme(Raj) 377

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
VINIT KUMAR MATHUR, J.
Ajmer Vidhyut Vitaran Nigam Ltd. Through The Assistant Engineer – Appellant
Versus
Shankar Lal S/o Shri Hajari Ji, B/c Jat – Respondent
S.B. Civil Writ Petition No. 6326 of 2018
Decided on : 01-08-2022

Headnote:

Legal Service Authority Act, 1987 – Section 22 (C) – Compensation – With consent of counsel for parties, present writ petition is taken up for hearing and final disposal at this stage – Held, Court also finds that two persons, Junior Engineer, Lineman who inspected accidental site have not appeared before Permanent Lok Adalat by filing their affidavits, merely their statements recorded by petitioners in departmental inquiry have been produced, therefore, it cannot be said with certainty that no such accident had taken place – Evidence produced by respondent No.1 in form of affidavits has not been disputed by petitioners – Even a perusal of injury report of injured respondent No.1 Shankar Lal shows that injuries sustained by him are because of electrocution – Judgment High Court (supra) relied upon by learned counsel for petitioners has no application in present set of facts and is clearly distinguishable – Writ petition dismissed.

JUDGMENT :

1. Heard learned counsel for the parties.

2. With the consent of the counsel for the parties, the present writ petition is taken up for hearing and final disposal at this stage.

3. The present writ petition has been filed against the order dated 22.02.2018 passed by learned Permanent Lok Adalat, Chittorgarh in P.L.A. Case No.40/2017 (Shankar Lal Vs AVVNL & Ors.

4. Brief facts necessary to be noted in the present case are that on 12.08.2016, the respondent No.1 suffered burn injuries on account of the breaking of 11000 KV electric line of the petitioners passing over his agricultural field. The respondent No.1 preferred an application before the Permanent Lok-Adalat, Chittorgarh for grant of claim against the petitioners on account of the injuries suffered by him because of electrocution. Learned Permanent Lok-Adalat, Chittorgarh after framing of the issues and adducing the evidence on record came to the conclusion that the petitioners are responsible for the injuries caused to the respondent No.1 Shankar Lal and awarded a sum of Rs.10,76,697/-(Rupees Ten Lac Seventy Six Thousand Six hundred Ninety Seven only) in favour of respondent No.1 vide its order dated 22.02.2018.

5. Learned counsel for the petitioners vehemently submits before this court that learned Permanent Lok Adalat, Chittorgarh has committed an error while awarding a huge amount of compensation against the petitioners without properly adjudicating the matter in issue. He submits that no conciliation proceedings had taken place as per clause 7 of section 22 (C) of the Legal Service Authority Act, 1987 and the case has been decided on merit by the Permanent Lok Adalat, Chittorgarh. Learned counsel further submits that it was specifically submitted before the Permanent Lok Adalat that immediately on getting the information about the breaking of the wire of 11000 KV electric line over the agricultural field of respondent No.1, two persons namely Subhash Chandra, Junior Engineer & Bhanwar Singh, Lineman went to the site on the very next day and found that the electric line passing over the field of respondent No.1 was not in the broken condition and flow of electricity in the same was also proper. Learned counsel further submits that the accident has not occurred on account of breaking of electric wires of the petitioners passing through the agricultural field of the respondent No.1 and therefore, the petitioners cannot be held liable to pay any compensation to the respondent No.1 on account of injuries suffered by him. The counsel submits that the statements of Subhash Chandra, Junior Engineer and Bhanwar Singh, Lineman recorded in the departmental inquiry were produced before the Permanent Lok Adalat to satisfy that the electric line passing over the field of respondent No.1 was in a perfect condition. To buttress his contentions, learned counsel for the petitioners relies upon the judgment of Chhattisgarh High Court rendered in the case of Superintending Engineer, CSEB Bilaspur Division and Ors. V/s Public Utility Permanent Lok Adalat, Bilaspur and Ors. on 13.04.2011. He prays that the writ petition filed by the petitioners may be allowed and the order dated 22.02.2018 passed by learned Permanent Lok Adalat, Chittorgarh may be quashed and set aside.

6. Per contra, learned counsel appearing on behalf of respondent No.1 submits that undisputed facts in the present case are that:-

    (i) Electric Line of 11000 KV is passing over the agricultural field of respondent No.1.

(ii) As per the injury report, the respondent No.1 has suffered the burn injuries on account of electrocution.

(iii) The statements of witnesses namely Rattu Bairwa and Kishan were placed before the Permanent Lok Adalat, Chittorgarh supporting the fact of respondent No.1 having sustained the injuries in the accident because of breaking of the wire of electric line of 11000 KV of the petitioners.

(iv) The GSS register maintained by the petitioners showing disruption of electricity has not been produced be

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