[2025:RJ-JD:50153]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 387/2018

1. Ajmer Vidyut Vitran Nigam Limited, Ajmer, Through Chairman, Ajmer Vidyut Vitran Nigam Limited, Hath Bhata Chow, Jaipur Road, Ajmer. Dist. Ajmer

2. Assistant Engineer (Rural), Ajmer Vidyut Vitran Nigam Limited, Hurda, District Bhilwara ----Appellants Versus

1. Rasala Devi W/o Shri Shankar Lal Regar, Taswariya, Tehsil Hurda, District Bhilwara.

2. Mumal S/o Shri Shankar Lal Regar, Aged About 14 Years, Taswariya, Tehsil Hurda, District Bhilwara.

3. Komal D/o Shri Shankar Lal Regar, Aged About 9 Years, Taswariya, Tehsil Hurda, District Bhilwara.

4. Krishna D/o Shri Shankar Lal Regar, Aged About 8 Years, Taswariya, Tehsil Hurda, District Bhilwara.

5. Rahul S/o Shri Shankar Lal Regar, Aged About 8 Years, Respondents Nos. 2 To 5 Are Minor Through Their Natural Guardian Mother Respondent No. 1 Smt. Rasala Devi, R/o Taswariya, Tehsil Hurda, District Bhilwara.

----Respondents For Appellant(s) : Mr. Shubham Modi For Respondent(s) : -

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

20/11/2025

1. The present appeal has been preferred by the Ajmer Vidhyut Vitran Nigam Limited (AVVNL) against the judgment and decree dated 08.05.2018 passed by the learned Additional District Judge, Gulabpura, District Bhilwara in Civil Original Case No.10/2013, whereby the suit filed by the claimants–respondents under the Indian Fatal Accidents Act, 1855 was decreed and compensation to the tune of Rs.4,50,000/-, along with interest @ 7.5% per annum, was awarded in their favour.

2. In the suit preferred by the claimants–respondents, it was pleaded that on 08.12.2012, the deceased- Shankar Lal Regar (husband of respondent No.1 and father of the respondents No.2 to 5), came in contact with the stay wires connecting D.P. while easing himself as electric current was flowing through the stay wires. The deceased- Shankar Lal Regar suffered electrocution, resulting in his instantaneous death. It was alleged that due to negligence on the part of the AVVNL in maintaining the electric lines, the deceased suffered electrocution and succumbed to the injuries on the spot.

3. The appellants– defendants, in their written statement, denied any negligence on their part and stated that the defendants were never informed regarding flow of electric current in the stay wire connecting D.P. at Ghewarchand Ka Kua situated behind Kavaliya Hotel. The appellants- defendants have not committed any negligence or carelessness in maintaining the wires/ electric lines. It was further pleaded that the deceased came in contact with the stay wires due to his own negligence and, therefore, the defendants cannot be made responsible for the incident which occurred on 08.12.2012.

4. The learned trial Court, on the basis of the pleadings, framed as many as five issues including the relief, which read as under:-

“1- vk;k fn-&08-12-2012 dks le; fnu ds djhc 12-30 'kadjyky daofy;kl gksVy ds ihNs ?ksojth ds dq,a ds ikl 'kkSp djus tkrs le; fo|qr foHkkx dh dSpa h ij yxh rk.k esa fo|qr izokg gksus ls 'kadjyky ds djaV vk x;k ftl daofy;kl ls xqykciqjk vLirky esa yk;s tgka mlh fnu djaV yxus ls mldh e`R;q gks xbZ\

&oknhx.k&

2- vk;k oknhx.k izkFkZuk i= dh pj.k la-&6 esa of.kZr jkf'k izfroknhx.k ls izkIr dju sds vf/kdkjh gS\

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3- vk;k oknhx.k dks dksbZ okn dkj.k iSnk ugha gqvk\

&izfroknhx.k&

4- vk;k ?kVuk dh lwpuk izfroknhx.k dks vkKkid :i ls nh tkuh Fkh ftldh ikyuk ugha djus ds dkj.k okn [kkfjt gksus ;ksX;

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”

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5. Before the learned trial Court, the claimants- respondents examined Rasal (PW-01) and exhibited 8 documents including FIR, Naksha Mauka, Post mortem report, etc. and the appellant/defendant– AVVNL examined Ranjeet Singh Khatik (DW- 01). No documents were produced in evidence on behalf of the defendant.

6. The learned trial Court proceeded to decide Issues No.1 and 2 and while relying upon the documentary evidences and the testimony of PW-01, concluded that the deceased died due to electrocution