U.P. State Electricity ... vs Peer Ali And Anr.
2011 Latest Caselaw 5749 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- FIRST APPEAL No. - 371 of 2011
 

 
Petitioner :- U.P. State Electricity Board/U.P. Power Cor. And Anr.
 
Respondent :- Peer Ali And Anr.
 
Petitioner Counsel :- H.P. Dube
 

 
Hon'ble Sunil Ambwani,J.

Hon'ble Kashi Nath Pandey,J.

Admit.

Issue notice to respondents. Steps within a week. The notice shall be returnable in six weeks.

List on 17.1.2012.

In this First Appeal the U.P. State Electricity Board/U.P. Power Corporation, as appellant no. 1, and the Superintending Engineer/Deputy General Manager, presented posted as Executive  Engineer in Paschchimanchal Vidyut Vitran Nigam Limited as appellant no. 2, have challenged the judgment dated 20.7.2011, by which an amount of Rs. 15 lacs has been awarded as compensation by  the Additional Civil Judge (Senior Division) Court No. 4, Ghaziabad in Original Suit No. 227 of 2007 (Peer Ali vs. State of UP through Collector, District Ghaziabad and others) in tort, for serious injuries caused to the plaintiff on account of sudden burst of the electric transformer, in which the plaintiff was badly burnt.

The trial Judge has found that on account of injuries, which were assessed by the Chief Medical Officer with, 'post burn contraction of right and left hand at 40% physical deficit' the plaintiff has been completely disabled. The plaintiff appeared before learned Judge. She observed that with the burn injuries in his hands, the plaintiff  has lost the capacity to do any work. The Court accepted the oral evidence that the plaintiff was engaged in tailoring job in a clothe factory and had an income prior to the date of accident of Rs. 5000/- per month. He also spent Rs. 50,000/- towards treatment.

Taking into account the unfortunate delay of about nine years in deciding the suit,  we find it appropriate to direct that the execution of the judgment and decree dated 20.7.2011 shall remain stayed provided the appellants deposit the entire amount in the trial court  within six weeks. The plaintiff will be allowed to withdraw half of the amount without any security; the remaining half  shall be deposited in a highest interest bearing fixed deposit in a nationalised bank of which the interest will be  paid to the plaintiff in his bank account, to be opened preferably in the same bank, every month. The plaintiff-respondent no. 1 will be entitled to withdraw the interest without  furnishing any security. The half of the decreetal amount deposited in the fixed deposit, shall await the result of the appeal.

Order Date :- 15.11.2011

RKP