1. The Rural Electric Maintenance Division, Rajouri (here-in-after referred to as the department) had installed a High Tension electric wire. This was fixed to the wall of the house of Ghulam Mohd. This was also touching over-hanging branches of a tree. These branches were also touching the roof of the house of the aforementioned Ghulam Mohd. The further fact is that on the night Intervening 25th and 26th July 83, there was a heavy rain-fall. In the morning when the aforementioned Ghulam Mohd went to roof to attend the call of nature, he Suffered a severe electric shook from the High Tension electric wire. The electric shock resulted in his death. Postmortem was conducted. An opinion was expressed that the death was due to the electric shock suffered by the deceased Ghulam Mohd. A suit for damages was filed. This was filed by the widow and the minor children of the deceased Gh. Mohd. Damages were sought to the extent of Sec.21,75, 218. It was pleaded that it was on account of the negligence of appellant Electric department, the electric current passed through the building and the resultant death of

Gh.Mohd took place. Notice under Section 80 of the Code of Civil Procedure was served. Thereafter trial was conducted. The issueswhich were framed are as under:

1/ Whether the suit is not maintainable as notice u/s 80 CPC is not in accordance with law? OPD.

2/ Whether Ghulam Mohd died as a result of electrocution caused due to electric shook on 26-7.83 ? OPP.

3/ If Issue No-2 is proved in the affirmative the death has occurred due to the negligence of the electric department of the State? OPP.

4/. If Issue No-3 is proved whether

plaintiffs are. entitled to Rs-21,75,218/- from the defendant? OPP.

5/ Relief."

2. Plaintiff Mst Zarda Begum appeared in the witness box. It was stated that Gh.Mohd. was serving as an Assistant Sub Inspector in the Police Department on 25th July 83, the deceased, it was stated had come to Rajouri in connection with some official duty and had stayed at his house. It was stated that during the night intervening 25th and 26th July 83, there was heavy rainfall. On 26th July83, in the morning when Gh. Mohd went to the top of his house to answer a call of nature, he was electrocuted. It was also stated that when he went on the roof, there was no electricity. However, In the meanwhile, the electric lines were energised and on account of the electric shock, he fell unconscious. Some neighbourers reached on the spot; electric supply was disconnected, but in the meanwhile, the electric shock was responsible for the death of Gh. Mohd. It was further pleaded that the house was constructed after obtaining permission from the Notified Area Committee. It was also pleaded that two years prior to the occurrence, the Electric department had installed electric wires near the house of Gh. Mohd. The fact that an Assistant Engineer in the Electric Department had checked the location and had stated that construction can be made was adverted to. It was also stated that a No Objection certificate was obtained from the Electric department. It was further pleaded that the electric wires were touching the roof top of the house of the plaintiff and also some branches of a tree and in this manner, the electric current passed through roof of the house of the plaintiff and was responsible for causing death of Gh. Mohd. To the same effect was the statement of PW2 Mohd Azam and one Haji Abdul Rashl, PW.3.

3. So far as the income of the deceased is concerned, it was brought on the record that at the time of his death, the deceased was drawing a monthly salary of Rs. 1148/- It was also brought on the record that in the normal circumstances, the deceased would have earned promotion to the post of Deputy Superintendent of Police. It was stated that there was pay revision in the year 1987, 1992 and 1998. It was stated that had the deceased retired under normal circumstances, he would have been getting a higher, amount of pay and pension. It was thus plead

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