JUDGMENT :

1. This first appeal under Section 96 CPC has been filed against the judgment and decree dated 4-4-2008 passed by the Additional District Judge No.1 Sikar, in Suit No.118/2005(61/2005), whereby and whereunder decreeing the suit claiming compensation under the Indian Fatal Accident Act, 1855 allowed compensation Rs.3,96,000/- to plaintiffs against appellant AVVNL on account of death of their husband, father and son due to electrocution.

2. The facts of the case are that respondents plaintiffs (hereafter `the plaintiffs’) filed a civil suit claiming compensation on account of accidental death of husband, father and son Shobh Singh, aged 30 years, who died on 6-5-2005 because of electrocution, while he climbed on kikar tree for cutting branches for feeding his cattle, at the same time current from electricity line of 11000 KV, which was loose and passed through the tree, and Shobh Singh died on the spot. It was stated that About 5-7 days ago a pole of electricity line, which was passing through the field of deceased, was broken and the personnel of electricity department used the same pole for raising the electricity line, due to which the same was loose and while the decease