HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil First Appeal No. 270/2003

1. Jaipur Vidyut Vitran Nigam Ltd. through its Managing Director,

Vidyut Marg, Vidyut Bhawan, Jyoti Nagar, Jaipur.

2. Assistant Engineer (O&M), Jaipur Vidyut Vitran Nigam Ltd.,

Dudu Distt. Jaipur.

----Appellants-Non Claimants

Versus

1. Smt. Lada Devi W/o Late Shri Bishna Ram aged about 30

years, resident of Hatupura, Tehsil Dudu, Distt., Jaipur.

2. Ram Ratan S/o Late Shri Bishna Ram aged about 12 years,

resident of Hatupura, Tehsil Dudu, Distt., Jaipur.

3. Hanuman S/o Late Shri Bishna Ram aged about 10 years,

resident of Hatupura, Tehsil Dudu, Distt., Jaipur.

4. Ram Swaroop S/o Late Shri Bishna Ram aged about 8 years,

resident of Hatupura, Tehsil Dudu, Distt., Jaipur.

----Respondents-Claimants

For Appellant(s)

:

Mr. Jai Lodha

For Respondent(s)

:

Mr. Anurag Shukla

HON'BLE MR. JUSTICE SUDESH BANSAL

Judgment

Reserved on

: July 19, 2022

Pronounced on

: July 27th, 2022

BY THE COURT:-

This first appeal under Section 96 CPC has been filed by

appellant-defendant JVVNL (hereafter `the JVVNL’) against the

judgment and decree dated 28-3-2003 passed by the District

Judge, Jaipur District, Jaipur in suit No.62/1998, whereby and

whereunder the suit under the Indian Fatal Accidents Act,

1855 was decreed for compensation of Rs.5,57,000/- with

(2 of 13)

[CFA-270/2003]

interest @ 9% per annum to plaintiffs on account of death of

deceased Bishna Ram due to electrocution.

2.

The facts of the case are that respondents plaintiffs

(hereinafter 'plaintiffs') wife and sons of deceased Bishna Ram

filed a civil suit claiming compensation on account of death of

Bishna Ram, aged 32 years, who died on 23-6-1997 due to

electrocution, while he was going to his agricultural field with

bullock cart and calf near Dayal's agricultural field electricity

wire of 11,000 KV was broken and lying on road due to which

deceased suffered current and died on spot. Along with him

Bulls and calf also died. It was averred that the deceased

Bishna Ram was an agriculturists and due to negligence on

the part of defendants he died, hence, the suit was filed for

compensation to the tune of Rs.23,06,000/-.

3.

On issuing notices JVVNL filed written statement on 18-

12-1998, which was amended on 16-8-2002. They denied

allegation of negligence and stated that no wire was broken

as no such information was received about breaking of

electricity wire of 11000 KV. Further their contention is that as

soon as electric wire breaks, electricity supply disconnects

automatically. There was no information to department about

the fatal accident. It was stated that if due to natural calamity

electricity wire breaks, the department cannot be held

responsible. However, they did not deny the factum of death

of deceased due to electrocution. It was stated that suit for

compensation cannot be filed for death of bull, buffalo, calf

etc. therefore, the same be dismissed.

(3 of 13)

[CFA-270/2003]

4.

On the basis of pleadings of parties the trial court

framed five issues. First, whether on 23-6-1997 in morning

while Bishna ram was going to his field in village Hattupura,

near the field of Dayal wire of 11000 kV line was broken due

to which Bishnaram died along with bulls, buffalo, and calves?

Second, whether Bishnaram died due to negligence of

defendants in maintaining electricity line? Third, whether

plaintiffs are entitled for compensation of Rs.23,06,000/-?

Fourth, Relief? Fifth, whether plaintiff’s suit under Fatal

Accident Act, for compensation for death of bulls, buffaloes

and calf is maintainable?

Plaintiffs examined PW1. Lada Devi, PW2. Heera, PW.3

Ratan Lal, PW.4 Govind Singh, PW.5 Dayal, PW.6 Dr. Salil

Maheshwari and PW.7 Binjaram and exhibited documents.

Defendants examined one witness DW.1 Ashok Kumar Gupta.

5.

The trial court considered oral and documentary

evidence led by both