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REKHA BORANA
Ajmer Vidyut Vitran Nigam Ltd. – Appellant
Versus
Sohani – Respondent
| Table of Content |
|---|
| 1. events leading to the fatal accident (Para 1 , 2 , 3) |
| 2. negligence established; findings affirmed (Para 4 , 16 , 17) |
| 3. assessment of evidence and inquiry report (Para 6 , 12 , 13) |
| 4. appeal dismissed; original judgment upheld (Para 18 , 19) |
ORDER :
1. The present appeal has been preferred by Ajmer Vidhyut Vitran Nigam Ltd. against the judgment and decree dated 24.08.2022 passed by the Additional District Judge, Kuchaman City (hereinafter referred to as 'the trial court') in Fatal Accident (CIVIL) Case No. 133/2021 whereby suit of the claimants-respondents for compensation under the Indian Fatal Accident Act, 1855 (for short 'the Act') has been partly decreed and an amount of Rs.4,70,000/- along with interest @ 5.50% per annum has been awarded as compensation.
2. A suit was preferred by the claimants-respondents with the following submissions:
(ii) The information of the incident was given to the defendant department on the same day but no inquiry qua the said in
The duty of care owed by the Electricity Board in hazardous activities and the application of the multiplier method for determining the quantum of compensation.
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....
Electricity providers have a strict liability to maintain safety standards, and failure to do so resulting in harm establishes negligence.
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.
The entitlement to compensation under the Fatal Accidents Act is not affected by the provisions of Section 161 of the Electricity Act, 2003.
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....
The main legal point established in the judgment is that the respondents were held liable for the deaths due to sheer negligence, and the compensation was awarded based on the principles of motor acc....
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