JUDGMENT :

1. The appeal has been preferred against the judgment and decree dated 30.04.2009, passed by the Court of learned Additional District Judge, Rajouri, whereby the respondent has been allowed to recover Rs.2,50,000/- as compensation along with interest @ 6% till the amount is paid from the respondents.

2. It is submitted in the appeal that the judgment has been passed which is not based upon facts. No FIR was lodged nor was any MLC record produced by the respondent herein. The suit was hit by limitation. The amount granted by the trial court is not as per the mandate of law. It is on the aforesaid count that the appellant seeks setting aside of judgment and decree passed by the trial court.

3. The respondent has appeared through the counsel. The original record of the trial court is before the court for perusal.

4. The case set up by the respondent in the suit was that the defendant Nos. 1 & 2 in the suit had laid electric lines in village Gambeer Brahmana and the lineman was deputed for maintenance of electric line. One such pole for electric line was installed in between the houses and lands of Mohd. Qayoom and Pritam Lal. The aforesaid pole installed got bent due to storm i