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2024 Supreme(HP) 465

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Jyotsna Rewal Dua
Himachal Pradesh State Electricity Board Ltd. – Appellant
Versus
Kamla – Respondent


Advocates:
Advocate Appeared:
For the Appellants:Ms. Sunita Sharma, Sr. Advocate with Mr. Dhananyaj Sharma,
Advocate.
For the Respondent:Mr. Vikrant Chandel, Advocate

JUDGMENT :

Jyotsna Rewal Dua, J.

1. Respondent’s civil suit instituted in forma pauris for recovery of Rs. 14 lacs as damages/compensation, due to death of her son Jagdeep on 09.09.2009 consequent to electrocution, was decreed by the learned Trial Court on 07.10.2014 with interest @ 6% per annum from the date of filing of the of the suit till realization of the decretal amount. First appeal preferred by the appellant- Himachal Pradesh State Electricity Board Ltd. (the ‘Board’ in short) was dismissed on 01.10.2015. This is appellant’s Regular Second Appeal.

2. Facts

2(i) Respondent instituted a civil suit in forma pauris on 21.09.2010 with the pleadings that: -

2(i)(a) Her son Jagdeep was a trained and diploma holder Pharmacist. He was working in a private clinic, named in the plaint that was located near Civil Hospital Sundernagar, District Mandi.

2(i)(b) On 09.09.2009, her son after attending to his duties was coming back to his house in village Kuthar on foot. At around 7:30 p.m., Jagdeep while passing through a path near village Mera, came in contact with a High Tension (HT) wire of 250 Volts that had fallen loose from the pole and was electrocuted. HT wire lying loose on the path was



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