Advocates:
['B D GURU', '', 'RAJENDRA TRIPATHI', 'Shaleen Singh Baghel', 'Anuroop Panda', 'A G']

1

FA No.63 of 2021

AFR

HIGH COURT OF CHHATTISGARH, BILASPUR

FA No. 63 of 2021

{Arising out of judgment and decree dated 10-2-2021 passed by the District

Judge, Mahasamund, in civil suit No.H 02-B/2018}

1.

Chhattisgarh State Power Distribution Company Limited O&M

Division, Mahasamund Through The Executive Engineer

Chhattisgarh State Power Distribution Company Limited, O&M

Division, Mahasamund District Mahasamund Chhattisgarh.

---- Appellant/Defendant No.1

Versus

1.

Smt. Hemlata Netam W/o Late Omkumar Netam Aged About 35

Years.

2.

Pushparaj Netam S/o Late Omkumar Netam Aged About 16 Years

Minor

3.

Ku. Madhu Netam D/o Late Omkumar Netam Aged About 15 Years

Respondents No.2 & 3 are Minor Through Their Natural Guardian

Mother Smt. Hemlata Netam (Respondent No. 1 herein)

4.

Smt. Dukhmat Bai Netam W/o Late Kholbahra Netam Aged About

70 Years

Respondents No.1 to 4 are R/o Village Sonputi, Police Station

Bagbahara, Tahsil And District Mahasamund Chhattisgarh.

---- Respondents/Plaintiffs

5.

State Of Chhattisgarh Through The Collector, Mahasamund District

Mahasamund Chhattisgarh.

---- Respondent/Defendant No.2

For Appellant

Mr. B.D. Guru, Advocate

For Respondents No.1 to 4

None, despite service of notice

For Respondent/State

Mr. Ashutosh Mishra, Panel Lawyer

Hon'ble Mr. Justice Goutam Bhaduri &

Hon'ble Mrs. Justice Rajani Dubey

Judgment on Board

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FA No.63 of 2021

Per Goutam Bhaduri, J.

27-01-2022

1.

By this appeal, the appellant/defendant No.1 would call in question

the legality and validity of the impugned judgment and decree dated

10-2-2021 passed by the District Judge, Mahasamund, in Civil Suit

No.H 02-B/2018 whereby an amount of Rs.14,36,200/- has been

passed as compensation in favour of respondents No.1 to 4/plaintiffs.

2.

The facts, in brief, are that a suit was filed by the plaintiffs who are

the wife, two children and mother of Omkumar Netam (since

deceased) against the appellant/defendant No.1 on the ground that on

8-1-2008 at about 11.30 am the deceased went to his agricultural

field and while working in the field, due to some fault in the electric

pole, which was installed adjacent to the land of the deceased,

electric current started flowing into the field whereby the deceased

came into contact of the electricity and eventually succumbed. The

plaintiffs further pleaded that since the live wires were kept open as

such the electricity came into the field and hence, the negligence was

on the part of the defendant No.1. The plaintiffs also pleaded that on

the date of incident the deceased was aged about 28 years and was

working as Shiksha Karmi Grade III; earning Rs.4,773/- per month;

and in future prospects he would have earned much more. The

plaintiffs next pleaded that the deceased was sole earning member of

the family and because of his untimely death they had suffered

irreparable injury and on these grounds they claimed compensation

to the tune of Rs.14,45,481/-.

3.

The defendant No.1/appellant herein denied the entire plaint

allegations. It was stated that they used to maintain the electric poles

and lines, therefore, there was no question of any negligence of

leakage of electricity from the pole, which was installed at the land

adjacent to agricultural field of the deceased and hence they are not

at all liable to make payment of compensation. The defendant No.1

further stated that earlier the plaintiffs had already filed MJC

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FA No.63 of 2021

No.5/2012, which was dismissed, therefore, the subsequent suit was

barred by time.

4.

The defendant No.2/State remained ex parte before the trial

Court.

5.

The plaintiff No.1 Smt. Hemlata Netam, wife of the deceased, got

examined herself, as PW-1 and also examined Parmanand Netam as

PW-2 whereas on behalf of the defendant No.1 no evidence was led.

Learned trial Court after evaluating the facts and evidence passed a

decree of Rs.14,36,200/-. Thus, this appeal.

6.

Learned counsel appearing for the appe