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2022 Supreme(Raj) 2569

SUDESH BANSAL
Ajmer Vidyut Vitran Nigam Ltd – Appellant
Versus
Sumitra Devi – Respondent


Advocates appeared:
Raunak Singhvi, Advocate, Waseem Ahmed Qureshi, Advocate, Pradeep Choudhary, Advocate

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The case involves a claim for compensation due to the death of a young man caused by electrocution from a high-voltage electric line passing through agricultural land (!) (!) .

  2. The electric lines were found to be hanging very low, at approximately 8 feet, which was below the required safety height of 20 feet, and were loose and poorly maintained (!) (!) .

  3. The evidence established that the deceased was working in his fields and came into contact with the low-hanging, faulty electric line, resulting in his electrocution and death (!) (!) .

  4. The court found that the electricity department was negligent in maintaining the electric lines at the proper height and ensuring their safety, which directly contributed to the accident (!) (!) .

  5. The principle of strict liability applies to the electricity department in this context, making it absolutely liable to compensate victims for injuries caused by unsafe electric lines, regardless of negligence (!) (!) (!) .

  6. The court upheld the original award of Rs. 3,00,000 as compensation, considering the deceased's income, his age, and the nature of the accident, although it acknowledged that the amount was on the lower side (!) (!) (!) .

  7. The court dismissed the appeal filed by the defendant electricity department, confirming that the evidence supported their negligence and liability (!) (!) .

  8. The court emphasized that the defendant was responsible for following safety regulations and maintaining the electric lines at the prescribed height to prevent such accidents (!) (!) .

  9. The remaining awarded damages, which were deposited in a fixed deposit, are to be disbursed to the plaintiffs as per the court's order (!) (!) .

  10. Overall, the judgment confirms that the electricity department's failure to maintain the electric lines at the appropriate safety standards led to the tragic death, and they are liable for compensation under the principles of strict liability.


JUDGMENT

Sudesh Bansal, J. - This first appeal under Section 96 CPC has been filed against the judgment and decree dated 27-11-2010 passed by the additional District Judge (Fast Track) No.1, Jhunjhunu, in Suit No.105/2008, whereby and whereunder decreeing the suit claiming compensation under the Indian Fatal accidents act, 1855 allowed compensation Rs.3,00,000/- to plaintiffs against the appellant aVVNL on account of death of their son 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 young son Maniram, aged 17 years, who died at the spot on 11-11-2007 at 7.00 PM because of electrocution, while he was working in agricultural field. It was averred that 11000 KV line was going over their agricultural land and lines were not properly insulated, wires were hanging at low level and loose, and due to which the deceased Maniram while carrying pipe for irrigation in the fields suffered electric current and died. FIR in this regard was also registered and investigation was conducted. It was averred that the deceased Maniram was a student of 12th class and s

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