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

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