The sequence of negligence leading to electrocution requires compensation reflecting the deceased's potential earnings, emphasizing that strict evidence is not mandatory for assessing damages within personal injury claims.

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 not visible due to darkness.

2(i)(c) One Sh. Roshan Lal, who subsequently came through the same path, recognized the unconscious person lying on the ground as Jagdeep. With help of other persons of nearby villages, he disentangled Jagdeep from the HT wire. He was rushed to Civil Hospital Sundernagar, where the doctor declared him brought dead.

2(i)(d) The doctor, who conducted the post mortem of the body, opined that cause of death was electric shock. Plaintiff’s case was that the accident, resulting in Jagdeep’s death was due to the negligence of the employees of the appellants-Board. The field staff as well as the officers of the appellants-Board were remiss in discharging their duties. The HT wire, which had fallen loose from the pole, remained lying unattended on the path used by the villagers. The unguarded HT wire was not visible in the dark. Cautionary signs were not placed by the Board officials at the spot.

2(i)(e) Pleading that monthly income of the deceased from all sources was more than Rs. 10,000/- and was bound to increase in future as the deceased was a trained diploma holder Pharmacist, the claim of damages/ compensation of Rs.14 lacs was made. The deceased was described as hale and hearty person aged 26 years at the time of accident.

2(ii) The appellants in the written statement denied the allegations of negligence on their part and took the defence that the accident occurred due to natural calamity. That due to rains, the HT wires went loose from the pole during evening hours and got scattered on the path leading to the villages. That none from the locality intimated any employee of the Board about the HT wire lying loose on the ground. The suit was sought to be dismissed, claiming that the accident was the result of an act of God.

2(iii) The respondent (plaintiff) in support of her claim examined PW-1 Chief Pharmacist of Civil Hospital Sundernagar, who proved postmortem report (Ex.PW-1/A), which established that Jagdeep had died due to electrocution. PW-2 HHC proved the copy of FIR (Ex.PW-2/A) that was registered regarding the accident at Police Station Balh. Respondent examined herself as PW-3 and reiterated the case pleaded by her. PW-4 Patwari of Patwar Circle Ghartyar deposed that Jagdeep had died due to electrocution and report concerning this was entered in rapat rojnamcha. PW-6 Roshan Lal deposed that on the day in question, he was going to his house and had reached at village Mera, when with the aid of the torch light, he recognized a person lying on the path as Jagdeep; He and Sher Singh, who was coming behind him, with th