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RAMESHWAR VYAS
Jodhpur Vidhyut Vitran Nigam Ltd. – Appellant
Versus
Sita Devi – Respondent
JUDGMENT
1. With the consent of learned counsel for the parties, the present first appeal is being finally decided at admission stage.
2. The instant first appeal under Section 96 of the Code of Civil Procedure, 1908 has been filed by the defendants-appellants -Jodhpur Vidyut Vitran Nigam Limited against the Judgment & Decree dated 18.03.2021 passed by the Additional District Judge No. 7, Jodhpur Metropolitan in Civil Original Suit No. 68/2019 titled as ’Smt. Sita Devi & ors. Vs. Jd.V.V.N.L. & ors’, whereby the civil suit filed by the plaintiffs-respondents under the provisions of Fatal Accidents Act, 1885 for grant of compensation, was decreed.
3. The brief facts of the case are that the plaintiffs (respondents herein) filed a civil suit under the Fatal Accidents Act, 1885 (afterwards referred to as ’the Act of 1885’) seeking compensation against the defendants (appellants herein) as well as Municipal Corporation, Jodhpur (respondent No. 6 herein) alleging inter alia that on account of gross negligence in maintaining the electricity lines by the Jodhpur Vidyut Vitran Nigam Limited and the Municipal Corporation, Jodhpur, Bhagwandas Valmiki got electrocuted. The plaintiffs in their pla
The main legal point established is that the defendants were jointly liable for maintaining the electricity lines under the Fatal Accidents Act, and the importance of conducting inquiries after such ....
The main legal point established in the judgment is the application of the principle of res ipsa loquitur, the concept of strict liability, and the duty of the electricity department to maintain elec....
The principle of strict liability applies to cases involving the negligence of the electricity department in maintaining electric lines, making the department absolutely liable to compensate the vict....
Multiplier to be adopted would be of 15 only as age of deceased was 38 years at time of accident.
Electricity providers are strictly liable for accidents caused by negligence in maintaining infrastructure, with compensation calculated based on the deceased's earnings and family dependency.
The principle of strict liability applies to the Electricity Board, which is bound to compensate the claimants for accidents related to its functioning.
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.
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