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Ajmer Vidhyut Vitaran Nigam Ltd. Through The Assistant Engineer – Appellant
Versus
Shankar Lal S/o Shri Hajari Ji, B/c Jat – Respondent
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. Le
The main legal point established in the judgment is the court's authority to deem an award null and void if passed without proper authority and jurisdiction, and the application of the Electricity Ac....
The court emphasized the importance of evidence in establishing negligence and relied on the statutory provisions of the Electricity Act, 2003 to support its decision.
The court established that compensation claims for electrocution are not within the jurisdiction of the Permanent Lok Adalat as they do not concern the supply of electricity.
The Permanent Lok Adalat lacks jurisdiction to adjudicate compensation claims for death or injury due to electrocution, deeming them tortious disputes requiring civil trial.
Section 22(C) determine jurisdiction of Permanent Lok Adalat and it adumbrate that the Permanent Lok Adalat shall exercise jurisdiction in respect of any matter relating to an offence, which is compo....
The Permanent Lok Adalat lacks jurisdiction over disputes not directly related to public utility services, and procedural fairness, including the right to cross-examine, is essential for valid adjudi....
The main legal point established in the judgment is that the application under Section 22 C of the Legal Services Authorities Act, 1987 was not maintainable for claiming compensation for electrocutio....
The Court applied the principle of preponderance of probability/evidence and considered the weather conditions to support the occurrence of the fire incident caused by the electric spark.
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