THE HON'BLE SRI JUSTICE T. AMARNATH GOUD
SECOND APPEAL No.196 of 2021
JUDGMENT :
This Second Appeal is filed aggrieved of the judgment and decree dated 30.03.2021, passed by the III Additional District Judge, Asifabad in A.S.No.5 of 2019, confirming the judgment and decree dated 21.02.2018, passed by the Senior Civil Judge, Asifabad in O.S.No.20 of 2011.
2. Heard learned counsel for appellants and perused the material on record.
3. This appeal is directed against the concurrent findings of the Courts below. It is the case of death due to electrocution and the amount claimed in the suit towards compensation is Rs.6,00,000/- and the suit has been decreed. Aggrieved thereby, in the appeal suit filed by the appellant herein, the lower appellate Court has confirmed the judgment and decree of the trial Court. This Second Appeal is valued at Rs.12,52,326/-.
4. The following substantial questions of law are raised in this Second Appeal :
"a). Whether non-supporting of the case of prosecutin by the plaintiffs against the Defendant No.1 & 2 is fatal to the maintainability of the suit ?2
b) Whether the Defendants No.3 & 4/Appellants are liable to pay the compensation even in the case of illegal tappi9ng of energy by the Defendant No.1 & 2.
c) Whether Ex.A-1 to A-9 are the sufficient documents to proof the suit claim ?
d) Whether delay of five (5) years in producing the evidence is fatal to the suit claim ?"
5. The above questions of law do not make out a case for admission of this Second Appeal under Section 100 of CPC. Further, the issues raised in the substantial questions of law pertain to the procedural and factual aspects, which the trial Court and the lower appellate Court have already dealt with. Hence, this Second appeal is liable to be dismissed.
6. Insofar as interest part is concerned, this Court feels that awarding of interest @ 12% per annum from the date of suit till the date of decree is a bit on higher side. Hence, the same is reduced to 10% per annum.
7. With the above observations, this Second Appeal is dismissed. No order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
________________________ T. AMARNATH GOUD, J.
Date: 29.09.2021 ajr