V PADMAVATHI Date: 2025.12.19

2025:CGHC:58701 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA No. 290 of 2015

1 - Secretary - Cum - President Wrongly Mentioned As Chief Secretary, Chhattisgarh State Power Distribution Co. Ltd; Danganiya, Raipur Chhattisgarh.............Defendant No. 1

2 - Chief Engineer Rajnandgaon Area Chhattisgarh State Power Distribution Co. Ltd.

Lalbagh, Rajnandgaon Chhattisgarh........Defendant No. 2

3 - Superintending Engineer Rajnandgaon Unit Chhattisgarh State Power Distribution Co. Ltd. G. E. Road, New Bus Stand Lalbagh, Rajnandgaon, CG.....…

Defendant No. 3

4 - Executive Engineero And M Chhattisgarh State Power Distribution Co. Ltd. G. E.

Road, New Bus Stand Lalbagh, Rajnandgaon Chhattisgarh........Defendant No. 4 ... Appellant(s)

versus

1 - Smt. Jhamit Patel W/o Late Shri Vijay Patel, Aged About 35 Years

2 - Ku. Ekta Patel D/o Late Shri Vijay Patel, Aged About 17 Years Minor

3 - Ku. Divya Patel D/o Late Shri Vijay Patel, Aged About 15 Years Minor 4 - Ku. Jyoti Patel D/o Late Shri Vijay Patel, Aged About 12 Years Minor, 5 - Meghraj Patel S/o Late Shri Vijay Patel, Aged About 10 Years Minor, 2 to 4 Minors Through Natural Guardian Mother Smt. Jhamit Patel, W/o Late Shri Vijay Patel All R/o Ward No. 15, Tulsipur, Sangam Chowk, Rajnandgaon, District Rajnandgaon Chhattisgarh.......Plaintiffs

6 - State Of Chhattisgarh Through The Collector, Rajnandgaon Chhattisgarh.........Defendant No. 5, District : Rajnandgaon, Chhattisgarh ... Respondents /Defendants (Cause title is taken from the CIS)

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For Appellants/Defendants 1 to 4 : Shri Anuroop Panda, Advocate For Respondent/State : Shri Tarkeshwar Nande, PL For Respondents/ Plaintiffs- 1 to 5 : Shri BP Singh, Advocate ------------------------------------------------------------------------------------------------------------------

Hon'ble Shri Justice Ravindra Kumar Agrawal Judgment on Board

03.12.2025

1. Present First Appeal has been filed by the defendants 1 to 4 against the impugned judgment and decree dated 07.08.2015 (Annexure A1), passed by the learned District Judge, Rajnandgaon, in Civil Suit No.2B of 2013, whereby a decree for compensation of Rs.7,40,000/- along with the interest @ 6% per annum from the date of filing of the suit has been passed in favour of the plaintiffs against death of deceased Vijay Patel due to electrocution on

06.04.2012.

2. For the sake of convenience, status of the parties shown in the suit are being taken in the present appeal also.

3. The plaintiffs had filed Civil Suit claiming compensation of Rs.36,00,000/- against the defendants for death of deceased-Vijay Patel, husband of plaintiff- 1, and father of plaintiffs-2 to 5, who died on 06.04.2012 due to electrocution. It is pleaded in the plaint that on 06.04.2012 at about 7 pm, there was thunder storm, and disconnection of electricity power in the village. Disconnection of electricity power continued for considerable period, and the deceased came out of his house to know about the reason. When he reached near electricity transformer, he came in contact with live electric wire, which was broken down due to thunder storm, having running electric current, by which he received injuries, and on the way to hospital, he breath his last. He was declared brought dead by the doctors in the hospital. The deceased was the bread winner of his family, having four children, and wife, who died at the age of 36 years.

4. Plaintiffs filed a Civil Suit for compensation claiming that deceased was a skilled white washer, engaged in construction work of the house for white washing, and earning Rs.400/- per day from his occupation. By the death of the deceased, his family members are suffering from starvation, as there is no source of income, and they were dependents on the deceased. After service of legal notice on 09.12.2012, claimed Rs.36,00,000/- on various heads as compensation.

5. Defendants-1 to 4 have f