1. By the medium of this Civil First Appeal, the appellants have questioned the judgment and decree dated 30.06.2006 passed by Principal District Judge, Budgam, in a suit titled Mushtaq Ahmad Wani & Ors. Vs. State and others, for setting aside the same on the grounds taken in the appeal.

Brief Facts of the Case:

2. A suit came to be filed on 15th of March, 1999 before the trial court for grant of compensation to the tune of Rs.15 lakhs on the ground that one Shaban Wani who was performing agricultural vocation on 2nd of July, 1986 died due to electrocution after getting in contact with gay wire fixed to electric pole. The installation of the pole and tying of the gaywire with the walnut tree was in violation of the provisions of Electricity Act. FIR was lodged and charge sheet came to be presented against the employees of the electric department.

3. Appellants defendants resisted the suit. Following issues came to be framed:

1. Whether on 02.07.1986 one Shaban Wani was attending agricultural vocations and was found dead in the field due to electrocution? OPP

2. Whether electric lines standing in the fields at village Doda Khatoo were not erected by the defendants according to the rules? OPP

3. Whether the live conductor (high tension wire) had touched gay wire and as soon as the deceased came in the field and touched the walnut tree which caused his instantaneous death on spot due to electrocution? OPP

4. Whether the death of deceased Shaban Wani is out come of sheer negligence and carelessness of the Electric Department? OPP

5. Whether the plaintiffs approached to defendants several times for compensation and for employment of one of the plaintiffs and defendants after processing the papers for some time failed to pay the compensation? OPP

6. Whether the suit is hit by Limitation? OPD

7. Whether the suit has not been properly valued, if so, what is its effect? OPD

8. Whether the suit is hit by mis joinder and nonjoinder of the parties? OPD

9. Whether the notice in terms of sec.80 CPC has not been served? OPD

10. Relief."

4. Plaintiff--respondents examined Ali Mohammad Dar, Sonaullah Wani, Ali Wani, Ghulam Mohammad Bhat, Subhan Wani, Mohammad Maqbool Wani and Mst. Khatjee one of the plaintiffs.

5. Defendants--appellants examined Ghulam Nabi Rather and Mohammad Sidiq Bhat. All the witnesses examined by the plaintiff/ respondents have deposed in one voice that deceased Shaban Wani died due to electrocution on 2nd of July, 1996 at his field when he came in touch with Walnut tree. The said Walnut tree was connected with gaywire--High Tension Line without insulators and was carrying electric current which resulted into death of the deceased. The deceased was farmer by profession and was dealing with fruit business. He was earning Rs. 5000/- per month and his age was 27 years at the relevant point of time. The witnesses have categorically deposed that death of the deceased was outcome of negligence of the defendants.

6. Defendants have examined witnesses who have deposed that accident was not outcome of the negligence of the department or its employees.

Issuewise Finding:

Issue Nos. 1, 2, 3 and 4.

7. I deem it proper to decide issues 1 to 4 by a common finding.

As discussed above, plaintiffs/ respondents have proved by leading evidence that Shaban Wani was performing agricultural vocations on 2nd of July, 1986 in his field and came in touch with electric wire and died due to electrocution on spot. Electric line/ poles were not erected by the defendants in accordance with the rules. The moment the deceased came in touch with electric wire which was connected with gaywire carrying electric current died on spot due to electrocution. The department and the employees of the department had not acted carefully while discharging the duties and the said accident was outcome of sheer negligence and carelessness of the employees of the respondents department/ defendants. The appellant has failed to rebut the evidence of the plaintiffs. In the given circumstances,

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