( 2 ) BY consent of the parties, the appeal has been heard on the informal papers, however, upon exchange of affidavits.

( 3 ) THE respondent, being plaintiff, instituted a suit for damages, being Original Suit no. 266 of 2004 (Bijendra Singh v. U. P. Power Corporation Limited and another), before the appropriate Court on 4th November, 2004 and claimed compensation to a tune of Rs. 7,00,000/- along with interest at the rate of 12% per annum on account of death of his elephant due to electrocution.

The case of the plaintiff-respondent is that on 10th August, 2003 his elephant was brought to the public place by Mahout (theelephant-driver)and other two persons sitting on his back for attending a religious procession i. e. Mahabiri Jhanda. After completion of procession while the elephant was driven to come back by Mahout and other two persons, a high voltage open wire of electricity of the U. P. Power Corporation limited, which was hanging on the road and current was passing through it, touched the body of either of the persons sitting on the back of elephant and by the shock all the three persons fell down from the elephant but the elephant, whose feet were in touch with the earth, s

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