D. DASH
Cesco, Puri Division – Appellant
Versus
Indumani Mohanty – Respondent
JUDGMENT
D.Dash, J. - The Appellants, by filing this appeal under section 100 of the Code of Civil Procedure (for short, 'the Code'), have assailed the judgment and decree dated 16.08.2019 and 27.08.2019 respectively passed by the learned District Judge, Puri in R.F.A. No.61 of 2016. By the said judgment and decree, the lower Appellate Court has confirmed the judgment and decree dated 05.02.2016 and 24.02.2016 respectively passed by the learned Civil Judge (Senior Division), Puri, in C.S. No.2 of 2005.
2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the trial court.
3. The Plaintiff Nos.1 and 2 are the widow and daughter of late Braja Kishore Mohanty whereas Defendant Nos.4 and 5 are his sons. It is stated that on 28.04.2004 around 10.40 pm when Braja Kishore was returning home, on the road near Ram Mandir, a live overhead electric wiere suddenly got detached from the poles and touched Braja Kishroe. For that he was electrocuted and died. This incident of sudden death of Braja Kishore due to electrocution is said to be on account of gross negligence on the part of the Defend
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