JUDGMENT :

1. The appellants have challenged the judgment and decree dated 13.03.2010 passed by the Additional District Judge, Kathua (hereinafter to be referred as the trial court), whereby the suit of the respondents for recovery of compensation has been decreed.

2. It appears that the respondents/plaintiffs filed a suit against the appellants/defendants seeking recovery of a sum of Rs. 5,00,000/- (five lacs) as compensation on account of death of Mohinder Singh, who happened to be the husband of respondent No. 1 and father of respondent Nos. 2 to 5. It was pleaded by the plaintiffs that on 04.01.2007 at about 11 am, while deceased Mohinder Singh was grazing his cattle at Mehtabpur Khad, he came in contact with a live 11 KV electric wire that was installed for the purpose of transmission of electricity by the defendant-department. According to the plaintiffs, the electric wire was installed in a careless and negligent manner and the same was not properly maintained, as a result of which, it fell down on the ground and deceased Mohinder Singh came in contact with it. This resulted in electrocution and consequent death of the deceased on spot. It was pleaded that it is the duty of th