HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil First Appeal No. 518/2008

1. Ajmer Vidyut Vitran Nigam Ltd., through General Manager

2. Supdt. Engineer, Ajmer Vidyut Vitran Nigam Ltd., Sabalpura Power

House, Sikar.

3. Executive Engineer, Ajmer Vidyut Vitran Nigam Ltd., Laxmangarh.

4. Asstt. Engineer, Ajmer Vidyut Vitran Nigam Ltd., Laxmangarh.

----Appellant

Versus

1. Rameshwar Lal S/o Hanmana Ram

2. Smt. Bhanwari Devi W/o Rameshwar Lal

by caste Jat resident of Bhilunda Tehsil Laxmangarh, District Sikar.

----Respondent

Connected With

S.B. Cross Objection (Civil) No. 73/2009

1. Ajmer Vidyut Vitran Nigam Ltd., through General Manager

2. Supdt. Engineer, Ajmer Vidyut Vitran Nigam Ltd., Sabalpura Power

House, Sikar.

3. Executive Engineer, Ajmer Vidyut Vitran Nigam Ltd., Laxmangarh.

4. Asstt. Engineer, Ajmer Vidyut Vitran Nigam Ltd., Laxmangarh.

----Appellant

Versus

1. Rameshwar Lal S/o Hanmana Ram

2. Smt. Bhanwari Devi W/o Rameshwar Lal

by caste Jat resident of Bhilunda Tehsil Laxmangarh, District Sikar.

----Respondent

For Appellant(s)

:

Ram Singh Bhati

For Respondent(s)

:

Amit Singh Shekhawat

HON'BLE MR. JUSTICE SUDESH BANSAL

Judgment

05/07/2022

1.

The first appeal under Section 96 CPC has been filed by appellants

defendants Ajmer Vidyut Vitran Nigam Ltd. (hereafter `the AVVNL’)

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[CFA-518/2008]

challenging the judgment and decree dated 25-7-2008 passed by the

Additional District Judge No.1, Sikar, in Suit No.106/2005 (52/2005),

whereby and whereunder the suit for compensation under the Indian Fatal

Accidents Act, 1855 was decreed, compensation Rs.1,42,000/- to

respondents plaintiffs (hereafter `the plaintiffs’) against appellants AVVNL

on account of death of their son due to electrocution, was allowed.

2.

The plaintiffs have filed cross objection for enhancement of

compensation against the judgment dated 25-7-2008 whereby

compensation has been awarded to plaintiffs.

3.

The facts of the case are that plaintiffs filed a civil suit claiming

compensation on account of accidental death of their son Ramswaroop, aged

14 years, who sustained electrocution on 5-2-2005 and died during the

course of treatment. He sustained electrocution, while he was working in

agricultural field. It was averred that 11000 KV line was going over their

agricultural land in khasra No.177 village Bhilund Tehsil Laxmangarh

District Sikar and lines were not properly insulated, wires were hanging at

low level and loose. About not fixing insulator and looseness of wires were

reported by elder son of plaintiffs Mahaveer to AVVNL, but the same was not

heard. Police conducted proceedings under Section 174 CrPC. It was

averred that the deceased Ramswaroop was a student of 8

th class and was

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[CFA-518/2008]

helping parents by all means. There were all hopes with their son. The

defendant AVVNL did not take care of complaint made by Mahaveer elder

son of plaintiffs. As such alleging negligence on the part of defendants suit

was filed claiming compensation to the tune of Rs.15,66,000/-.

3.

On issuing notices AVVNL filed written statement and denied the

allegation of negligence and stated that wires were in good condition and no

complaint was ever made to the department regarding fault in the line. It

was alleged that electricity was being used illegally and while taking the

electric line illegally at home, deceased got electrocution due to his own

carelessness and negligence. Thus, defendants admitted the fact of accident

and did not disputed the factum of death of deceased because of

electrocution. It was the duty of plaintiffs to take precaution while working

nearby electric lines and no liability could be shifted upon defendants.

4.

On the basis of pleadings of parties the trial court framed three issues.

Issue No.1 pertains to as to whether plaintiffs’ son Ram Swaroop died due to

electrocution on 5-2-2005 on account of carelessness an