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2016 Supreme(Ori) 874

A.K.RATH
Bhubaneswar – Appellant
Versus
Pabani Barik (dead) Represented through his LR – Respondent


Advocates Appeared:
For the Appellant : Mr. Bibudhendra Dash.
For the Respondent: Mr. Biswajit Mohanty.

JUDGMENT :

A.K. RATH, J.

1. This is an appeal against the judgment and decree dated 29.01.2015 passed by the learned 1st Addl. District Judge, Cuttack in R.F.A. No. 71 of 2012 confirming the judgment and decree dated 9.1.2012 and 19.1.2012 respectively passed by the learned Civil Judge (Senior Division), Second, Cuttack in C.S. (III) No. 22 of 2009.

2. The respondents are the unfortunate parents of one Baburam Barik, who died in electrocution. They instituted the suit for realization of Rs.5 lakhs with PI and FI towards compensation for the death of their son in electrocution. The case of the plaintiffs is that on 3.9.2009 at about 5.15 am while their son Baburam Barik was returning home, near Tanla river of Kulajalarpur, he came in contact with live electric wire, which was hanging at a low height. He succumbed to the injuries on the spot. The matter was reported to the Niali Police Station, whereafter U.D. Case No. 02/09 was registered. The dead body was sent for autopsy. Post mortem was conducted at S.C.B. Medical College and Hospital, Cuttack. It is further stated that the defendants were guilty of non-maintenance of electric wire and the accident took place due to negligence on t











































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