Back
NARENDRA SINGH DHADDHA
Jaipur Vidhuyt Vitran Nigam Limited Through Chairman – Appellant
Versus
Keshar Devi W/o Late Shri Ramavatar Sharma – Respondent
JUDGMENT :
Narendra Singh Dhaddha, J.
1. The present civil first appeal has been filed by the defendants-appellants (for short ‘the defendants’) under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure against the judgment and decree dated 15.11.2016 passed by Additional District Judge No. 8, Jaipur Metro in civil suit nO. 244/2013 (8078/2013) titled as “Keshar Devi and Ors. Vs. JVVNL and Anr., whereby the said court partly decreed the suit filed by the plaintiffs-respondents (for short ‘the plaintiffs’) and awarded a sum of Rs. 6,75,368/- as compensation alongwith interest @ 6 per cent w.e.f. 08.11.2013.
2. Brief facts of the case are as under:-
3. Plaintiffs has filed a suit for compensation of Rs. 17,82,500/-under the Fatal Accidents Act, 1855. Averments of the plaintiffs are that Late Shri Ramavtar Sharma husband of the plaintiff No. 1 used to reside at his in-laws house at Dhani Laxmipura, Kanota. At the agricultural field of his in-laws, the defendants had electric line of 11 KV and to give support to the above line, some poles were erected with the help of stag wires. It is also stated that some stag wires, were having no insulator. When the deceased Shri Ramavt
The court upheld the trial court's decision, finding no negligence on the plaintiffs' part and confirming the compensation awarded for the electrocution incident.
Defendants held liable for negligence in maintaining electricity wires leading to electrocution, affirming trial court's compensation award.
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.
The entitlement to compensation under the Fatal Accidents Act is not affected by the provisions of Section 161 of the Electricity Act, 2003.
In civil cases, negligence must be proven by preponderance of probabilities, not beyond reasonable doubt, establishing liability for compensation.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
