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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE NARENDRA SINGH DHADDHA, J
Ajmer Vidhyut Vitran Nigam Ltd. – Appellant
Versus
Geeta Devi – Respondent
Judgment :
1. This civil first appeal has been filed by the appellants-defendants (for short ‘the defendants’) under Section 96 of the Code of Civil Procedure, 1908 against the judgment and decree dated 25.11.1999 passed by the Additional District Judge No.2, District Sikar (for short ‘the trial court’) in civil suit(Fatal) Case No.25/1998 whereby the trial court while partly allowing the suit filed by the respondents-plaintiffs (for short ‘the plaintiff’) awarded a sum of Rs.5,00,000/- along with interest @ 5 % per annum from the date of filing the suit as compensation in favour of the plaintiffs.
2. Brief facts of the case are that the plaintiffs filed a suit against the defendants claiming compensation of Rs.1,14,14,200/-. In the suit, the plaintiffs mentioned that on account of the negligence of the defendants, Shri Murlidhar died, on 30.06.1996, when he was going from village Palri to village Kudan on his motor-cycle bearing No.RJ-23-M-0292 which was being driven by him. Shri Ram Niwas S/o Girdhari Lal was also seated on the said motor cycle as pillion rider. When they reached near electricity Pole No.1 and 2, all of the sudden, the wires in between the poles were sparked and fe
Defendants held liable for negligence in maintaining electricity wires leading to electrocution, affirming trial court's compensation award.
The court upheld the trial court's decision, finding no negligence on the plaintiffs' part and confirming the compensation awarded for the electrocution incident.
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 ....
Electricity providers have a strict liability to maintain safety standards, and failure to do so resulting in harm establishes negligence.
In civil cases, negligence must be proven by preponderance of probabilities, not beyond reasonable doubt, establishing liability for compensation.
Negligence involves failure to exercise due care, which includes foreseeability of harm, and leads to liability when conduct results in damage.
The Court cannot adjudicate on compensation claims without established negligence through competent Court proceedings.
The Electricity Board has an obligation to maintain electrical infrastructure safely and any failure thereof constitutes negligence, barring unsupported claims of contributory negligence against affe....
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