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1997 Supreme(MP) 706

A.K.MATHUR, DIPAK MISRA
Chairman, M. P. Electricity Board – Appellant
Versus
Gindiabai – Respondent


JUDGMENT

Dipak Misra, J.

1. In this appeal preferred under Clause 10 of the Letters Patent the justifiability of the judgment and decree passed in First Appeal No. 74/85 by the learned Single Judge of this Court is called in question.

2. The facts giving rise to this appeal are that the respondent, a depressed and desolate mother instituted civil suit No. 5B/84 in the Court of Additional Judge to the Court of District Judge, Seoni for grant of compensation and damages amounting to Rs. 80,475/- on the ground that her young son, aged about 18 years, had received a fatal current which extinguished his life-spark instantaneously at a place called Zero Tank Chain where the stay-wire of the transformer belonging to the M.P. Electricity Board (hereinafter referred to as the 'Board' ) was installed. The incident occurred on 30-6-1983 when the deceased, while grazing cattle passed 10 Ft. away from the stay-wire of the transformer but he received the fatal current. The matter was reported at the Police Station at Chhabra. The plaintiff after serving a notice vide 'Exhibit P-l dated 18-1-1984 filed the suit on the ground that the Board and its authorities had not maintained the transformer with






















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