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BIRENDRA KUMAR
Ajmer Vidyut Vitran Nigam Ltd. – Appellant
Versus
Kamladevi – Respondent
ORDER :
Mr. Birendra Kumar, J. - Heard learned counsel for the appellants.
2. No one appears for the respondents.
3. By the impugned judgment and award dated 05.01.2011 passed in Civil Original Case No.52/2010, the trial judge has awarded compensation of Rs. 4,23,000/- along with interest of 12% in favour of the respondents, who are dependants of late Parma Ram. The suit was under Fatal Accidents Act.
4. The case and claim of the claimants was that Parma Ram was a farmer and was rearing cattle as well. On 08.07.2010, Prabhu Ram, Chena Ram and deceased Parma Ram had gone to a well to fetch water for flower plants. In the Morning of 11.03.2010, Parma Ram was returning on his buffalo and all of sudden he fell down and came in contact with the support wire of electric supply pillar. Since, electric current was passing through the said wire, Parma Ram died of electrocution.
5. Allegation is that due to negligence of appellants in not placing insulator at the appropriate point to prevent passing of electricity to the support wire, the wire was in contact with electricity which led to death of Parma Ram. An FIR for the incident was lodged and after investigation, the police also found allegati
In civil cases, negligence must be proven by preponderance of probabilities, not beyond reasonable doubt, establishing liability for compensation.
The main legal point established is that just compensation should be awarded based on the actual income sources of the deceased and the evidence presented.
The court upheld the trial court's decision, finding no negligence on the plaintiffs' part and confirming the compensation awarded for the electrocution incident.
Electricity providers have a strict liability to maintain safety standards, and failure to do so resulting in harm establishes negligence.
Defendants held liable for negligence in maintaining electricity wires leading to electrocution, affirming trial court's compensation award.
The main legal point established in the judgment is the duty of authorities to prevent mishaps related to electricity transmission lines, and the liability of the supplier of electric energy in cases....
The Court cannot adjudicate on compensation claims without established negligence through competent Court proceedings.
The judgment established the principle that those involved in the transmission of high-voltage electric energy are liable for damages caused by its uncontrolled escape, and it applied the principles ....
Procedural non-compliance under the Electricity Act does not bar compensation claims under the Fatal Accidents Act, as the latter's provisions govern entitlement to damages.
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