The principle of strict liability and vicarious liability applies when an accident occurs due to negligence in maintaining electricity lines, making the department liable to compensate sufferers.

JUDGMENT

Sudesh Bansal, J. - This first appeal under Section 96 read with Order XLI Rule 1 CPC has been filed against the judgment and decree dated 30-3-1999 passed by the Additional District Judge No. 1 Sikar, in Suit No. 99/1998, whereby and whereunder decreeing the suit claiming compensation under the Indian Fatal Accidents Act, 1855 allowed compensation Rs. 2,88,000/- to plaintiffs against appellant AVVNL on account of death of their husband and father 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 their husband and father Kushla Ram, aged 37 years, who died on 21-1-1997 because of electrocution, while he tried to start pump-set installed at the well of his field. The pump-set was burnt due to heavy load of electricity. It was stated that electric connection was taken since 17-1-1995 and near the well of plaintiffs there was electricity line of 11000 KV of which wires were loose. Wire of that electricity line was broken and fell on the electricity line from which connection was in the pump-set and when deceased Kushla Ram tried to start pump-set died due to electrocution. Report of the accident was lodged at the Police Station Losal. The accident was occurred due to negligence in maintaining electricity line by defendants. As such alleging negligence on the part of defendants suit was filed claiming compensation to the tune of Rs. 26,65,000/-.

3. On issuing notices appellants-defendants filed written statement and denied the allegation of negligence and stated that there was no complaint regarding loose-wires. The pump-set was installed in a gumti, for which the deceased himself was responsible and defendants were not liable for the accident. It was also stated that no information regarding death of Kushla ram was given to the department. Therefore, defendants are not responsible for the death of deceased. Defendants did not commit any carelessness in their duty and accordingly prayed for dismissal of suit.

4. On the basis of pleadings of parties the trial court framed three issues. First, whether on 21-1-1997 at 8.00 AM due to felling of wire of electricity line 11000 KV on the domestic electricity line overload electricity passed due to which deceased died and his other articles burnt? Second, Whether due to the fatal accident claimants are entitled for compensation of Rs. 26,65,000/-? Third, Relief?

5. Plaintiffs examined two witnesses Pw. 1 Sohni Devi and Pw. 2 Hanman Ram and defendants examined Dw. 1 Doodwal, Asstt. Engineer and Dw. 2 Girdhari Puri.

6. The trial court considered oral and documentary evidence led by both parties. Plaintiffs proved their case that deceased died due to electrocution because of negligence on the part of department in maintaining electricity line of 11000 KV. Pw. 2 Hanmana Ram stated in his evidence that he along with deceased made written complaint regarding loose wire of electricity line and defendants' witnesses also admitted that because of breaking of wire of electricity line of 11000 KV on the LT line overload electricity passed in the pump-set due to which starter burnt and the deceased died. The trial court held that it was the duty of the department to maintain electricity line at appropriate height for which no complaint was required as such the department was responsible for the accident. The death of deceased due to electrocution was proved from post mortem report and photographs of the site and the issue No. 1 decided in favour of plaintiffs.

Issue No. 2, regarding compensation, the trial court considered that deceased might have earned Rs. 50/- per day from his agricultural work, as such his monthly income was assessed at Rs. 1500/- and applying multiplier of 23 assessed the amount Rs. 4,14,000/- out of which 1/3 amount was deducted for personal expenses of deceased and assessed the compensation at Rs. 2,76,000/-. For funeral expenses awarded Rs. 2,