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2022 Supreme(Raj) 1644

SUDESH BANSAL
Rajasthan Vidhyut Vitran Nigam Ltd. – Appellant
Versus
Ramwati – Respondent


Advocates appeared:
Indresh Sharma, Advocate, for the Appellant
Rajeev Sogarwal, Advocate, for the Respondents

JUDGMENT

Sudesh Bansal, J. - This first appeal under Section 96 CPC has been filed against the judgment and decree dated 11-4-1989 passed by the District Judge Bharatpur, in Suit No. 86/1986, whereby and whereunder decreeing the suit claiming compensation under the Indian Fatal Accidents Act, 1855 allowed compensation Rs. 90,000/- to plaintiffs-claimants (hereafter the plaintiffs') against the appellant-defendant Rajasthan Vidyut Vitran Nigam Limited (hereafter 'the defendant') on account of death of husband and father of claimants due to electrocution.

2. The facts of the case are that respondent plaintiffs (hereafter 'the plaintiffs') filed a civil suit claiming compensation on account of accidental death of their husband and father Mohar Singh, aged 35 years, who died at the spot on 13-6-1984 at Helak gate because of electrocution, while he was going for earning his labour he met with a wire lying on road and sustained electrocution. It was averred that proper insulator was not fixed due to which while wire was broken and lying on road current was passing through, therefore, the defendant was responsible for such lapse. It was averred that the deceased was earning Rs. 15/- per day

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