JUDGMENT

Bansal, J. - This first appeal under Section 96 CPC has been filed against the judgment and decree dated 20-2-2008 passed by the additional District Judge No.1, Sikar, in Suit No.156/2005 (Fatal accident Case), whereby and whereunder the suit claiming compensation has been decreed and allowed compensation of Rs.3,70,000/- to plaintiffs against the defendant aVVNL on account of death of Ramesh Kumar arya, plaintiffs's husband and father due to electrocution.

2. Respondents have filed an application for disbursement of compensation amount, however, the impugned award was passed on 20-2- 2008 and this first appeal is pending since 2009, with the consent of counsel for both parties, appeal itself has been heard finally on merits.

3. The facts of the case are that respondents plaintiffs (hereafter `the plaintiffs') filed a civil suit under Section 1(a) of the Fatal accident act, claiming compensation on account of accidental death of Ramesh Kumar arya, who died on 7-7-2004 because of electrocution, at 7.30 aM while he went to start boring machine installed at the well in his field he was touched with the wire used for electric pole, in which electric current was passing. Sustainin