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2022 Supreme(Raj) 2698

SUDESH BANSAL
Rajasthan State Electricity Board – Appellant
Versus
Badri Bai – Respondent


Advocates Appeared:
Mr. S N Bohra, Advocate and Mr. Manoj Sharma, Advocate, for the Appellant; Mr. Sandeep Mathur, Advocate and Mr. Kapil Sharma, Advocate, for the Respondent.

JUDGMENT

1. Both these first appeals have been filed under Section 96 CPC assailing the judgment and decree dated 31.3.1998 passed in Suit No.20/96 by the District Judge, Baran, whereby and whereunder the plaintiff’s suit under the Fatal Accidents Act, 1855 for compensation of Rs.3,30,000/- along with interest @12% per annum has been decreed to be paid by defendants jointly and severally.

Since the Municipal Board, Baran has also been held liable to pay the compensation alongwith the Electricity Department, these two appeals have been filed by both of them.

2. The facts of the case are that on 9.6.1996 at 7:00 AM while plaintiff’s daughter Seema was taking bath, she accidentally touched the wall wherein electric current was flowing and she stuck with the wall and became unconscious. She was taken to Baran Hospital for her treatment of electrocution from where on 10.6.1996 she was referred to Kota but in the way she succumbed. The incident was reported to police station Baran but no steps were taken. It was stated that Seema was eldest unmarried daughter in family and 8th class passed and was earning Rs.100/- per day for the family by selling vegetables. It was stated that defendants i

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