JUDGMENT

1) The appellant has challenged the judgment and decree dated 06.04.2005 passed by the 1st Additional District Judge, Jammu (hereinafter to be referred as “the trial court”), whereby the suit of the appellant/ plaintiff for recovery of compensation filed against the respondents/defendants has been dismissed.

2) It appears that the appellant/plaintiff filed an application under Order 33 of CPC for grant of permission to file a suit as an indigent person for recovery of an amount of Rs. 12.50 lacs as compensation for the disability suffered by her to her right arm on account of electrocution. Vide order dated 15.02.1999, passed by the learned trial court, the appellant was declared as an indigent person and she was permitted to file the suit as such. 3) It was pleaded by the appellant/plaintiff that on 05.03.1997, she had gone out for grazing her cattle in the field in village Amkooth Sher Bibi, Tehsil Banihal. At about 5.00 p.m, while she was coming back to her home alongwith her cattle, she came in contact with 33 KV sub-transmission line, that passes through that area. According to the plaintiff, a live wire was hanging at the height of 4/5 ft. above the ground level. The plaintiff is stated to have come in contact with the live electric wire, as a result of which she received burn injuries to her right arm and left leg. She fell down unconscious and was taken to the Primary Health Centre, Banihal by the local villagers. The plaintiff remained under treatment at Primary Health Centre, Banihal upto 07.03.1997, whereafter she was referred to the Government Medical College Hospital, Jammu. She remained admitted over there from 07.03.1997 to 22.03.1997. During the treatment of the plaintiff, her right upper limb below the elbow level was amputated. According to the plaintiff, her father spent an amount of Rs. 50,000/- on her treatment.

4) FIR No. 26/1997 for offence under Section 337 RPC was registered in respect of the incident with the Police Station, Banihal and after investigation of the case, a charge sheet was laid before the Judicial Magistrate 1st Class, Banihal against the employees of the Power Development Department.

5) The plaintiff claimed that due to the burn injuries and amputation of her right arm, she has suffered mental depression and is unable to write or to do any other work without right upper limb. The plaintiff further claimed that she was a student of 8th Class and her education has been adversely affected due to the accident. It was claimed by the plaintiff that due to the kind of disability which she has suffered, her future prospects including her marriage prospects have drastically diminished.

6) It was contended that the occurrence is direct result of negligence and mismanagement on the part of the officials/officers of the defendant- department, as they were under obligation to maintain the transmission lines in accordance with the rules so as to avoid any danger to human life or live stock. The plaintiff/claimant claimed a sum of Rs. 12.50 lacs as compensation from the defendants.

7) The appellants/defendants contested the suit by filing their written statement. In their written statement, the defendants claimed that as per the rules relating to maintenance of 33 KV lines, clearance from the ground level is required to be upto 17 ft. and as per the report of the Executive Engineer, the ground clearance of 33 KV line at the relevant spot was 20 ft. On this ground, it has been contended by the defendants that there was no chance of the plaintiff coming in contact with the live wire. It was also contended by the defendants that current in 33 KV wire is so high that anybody coming in contact with the live wire would get charred to death without any chance of survival. Therefore, it cannot be believed that the plaintiff despite coming in contact with 33 KV live wire received only burn injuries. It was also contended that the site of alleged occurrence was inspected and it was found that there was no