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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Dhanpati Devi – Appellant
Versus
DHBVNL – Respondent
JUDGMENT :
SUDEEPTI SHARMA J.
1. The present Regular Second Appeal is directed against the judgment and decree dated 12.12.2006 passed by the learned District Judge, Hisar, whereby the appeal preferred by the respondent was partly allowed and the judgment and decree dated 27.10.2005 passed by the learned Civil Judge (Senior Division), Hisar were modified. The First Appellate Court reduced the compensation awarded by the trial Court from Rs.10,00,000/- to Rs.4,02,528/-, along with interest at the rate of 9% per annum. The appellant, aggrieved by the said reduction of the decretal amount in a suit for recovery of 10,00,000/-, has approached this Court by way of the present Regular Second Appeal.
FACTS NOT IN DISPUTE
2. Brief facts of the case are that Ram Niwas, a Sub-Inspector in the Haryana Police, was on leave and residing at Hisar. He had constructed a shop near Barwala Chowk, Hisar, which was to be inaugurated on 07.04.2000. On 06.04.2000, while arrangements were being made for the inauguration, Pardeep, owner of a neighbouring shop, went to the first floor of the said premises and came into contact with a live electric wire passing through the roof, resulting in his electrocution.
The sequence of negligence leading to electrocution requires compensation reflecting the deceased's potential earnings, emphasizing that strict evidence is not mandatory for assessing damages within ....
The main legal point established in the judgment is the duty of the court to grant 'just compensation' under the PLI Act, considering the age, income, and dependents of the deceased, as per the princ....
Compensation in electrocution cases must consider income assessment, dependency claims, and legal precedents, with the Court able to enhance awards even after decrees are satisfied.
Electricity suppliers are strictly liable for injuries resulting from their installations, irrespective of negligence, highlighting the burden of proof rests with them in cases of electrocution.
Compensation under the Motor Vehicles Act must consider gross income without arbitrary deductions and allow future prospects based on statutory guidelines, ensuring just compensation for victims' dep....
The main legal point established in the judgment is the liability for compensation due to negligence resulting in an electric shock and the application of principles from motor accidents claims cases....
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