2025:CGHC:40871-DB AFR Digitally signed by HARNEET HARNEETKAUR KAUR Date:

2025.08.21 17:31:10 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR First Appeal No. 138 of 2020

1 - Assistant Engineer Chhattisgarh State Power Distribution Company Limited Sariya, Police Station Sariya, Tehsil Baramkela, District Raigarh Chhattisgarh.

2 - Executive Engineer Division-2 Chhattisgarh State Power Distribution Company Limited Raigarh, District Raigarh, Chhattisgarh, Through Mr. Basant Som, Son Of Bodhan Som, Aged 47 Years, Executive Engineer, O And M Division (C.S.P.D.C.L.) Chhattisgarh State Power Distribution Company Limited Sarangarh, District Raigarh, Chhattisgarh.

… Appellants/Defendants versus

1 - Smt. Anusuiya Widow Of Gourishankar Patel Aged About 47 Years Occupation House Wife Resident Of Village Barpali, Police Station Sariya, Tehsil Baramkela, District Raigarh Chhattisgarh.

2 - Jagannath Patel Son Of Late Gourishankar Patel Aged About 24 Years Occupation Student Resident Of Village Barpali, Police Station Sariya, Tehsil Baramkela, District Raigarh Chhattisgarh.

3 - Kumari Jyoti Patel Daughter Of Late Gourishankar Patel Aged About 22 Years Occupation Student Resident Of Village Barpali, Police Station Sariya, Tehsil Baramkela, District Raigarh Chhattisgarh.

4 - Smt. Basant Kunwar Patel Widow Of Tejram Patel Aged About 65 Years Occupation Not Known Resident Of Village Barpali, Police Station Sariya, Tehsil Baramkela, District Raigarh Chhattisgarh.

... Plaintiffs

5 - State Of Chhattisgarh Through Collector Raigarh, District Raigarh, Chhattisgarh.

... Respondents DB- Hon'ble Shri Justice Sanjay K. Agrawal Hon’ble Shri Justice Sachin Singh Rajput Judgment On Board

13.0 8 .202 5 Sanjay K. Agrawal, J.

1.

Appellants/Defendants have preferred this first appeal under Section 96 of the Code of Civil Procedure calling in question the legality, validity and correctness of impugned judgment and decree dated 31/01/2020 passed by learned Additional District Judge Sarangarh, District Raigarh in Civil Suit No. B-01/2018 whereby the suit of the plaintiffs has been decreed and compensation to the tune of Rs. 11,70,100/- along with an interest of 9% p.a. from the date of filing of the suit till the date of payment has been granted in their favour for the death of Gaurishankar Patel on account of electrocution.

(For the sake of convenience, the parties will hereinafter be referred to as per their status and ranking given in the plaint before the trial Court.)

2.

The points for determination in this first appeal preferred by the defendants are as under :-

(I) Whether the finding recorded by the trial Court, holding that the defendants are statutorily negligent in performing their duty and maintaining the electric wire, is correct ?

(II) Whether the quantum of compensation awarded to the plaintiffs is just and proper ?

3.

The aforesaid points for determination emanate from the following factual backdrop :-

(i) In the evening of 24/09/2017, deceased Gaurishankar Patel, who had gone to check his water pump, came in contact of live service wire, which was pulled from the electric pole and broke and fell on the ground on account of heavy rain, and died on the spot due to electrocution.

(ii) Plaintiffs, who are wife, two children and mother of deceased Gaurishankar Patel, respectively, filed a suit seeking compensation of Rs. 15,00,000/- stating inter alia that they were solely dependent upon the deceased, who was a Farmer and earned Rs. 9,000/- per month by doing agricultural work and after his death, they have suffered serious financial crisis, therefore, the aforesaid compensation be awarded to them.

(iii) Defendants No. 1 and 2 filed their written statement jointly and opposed the averments made by the plaintiffs and stated that an outgoing wire of the meter fitted in the electric pump of deceased Gaurishankar Patel was broken and lying on the field, which came in his contact and due to which he died on account of electrocution, as such, the death of deceased Gaurishankar Patel h