Chair Man / Managingh Director M.P. ... vs Smt. Rama Bai
2023 Latest Caselaw 21035 MP

Madhya Pradesh High Court

Chair Man / Managingh Director M.P. ... vs Smt. Rama Bai on 12 December, 2023

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                            1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                             ON THE 12 th OF DECEMBER, 2023
                                                MISC. APPEAL No. 314 of 2017

                           BETWEEN:-
                           1.    CHAIRMAN / MANAGING DIRECTOR M.P.
                                 KSHETRA VIDYUT VITARAN COL LTD. NISHTHA
                                 PARISAR GOVINDPURA , DIST. BHOPAL (MADHYA
                                 PRADESH)

                           2.    EXECUTIVE ENGINEER          MADHYA KSHETRA
                                 VIDYUT VITRAN CO.           LTD. DISTT. HARDA
                                 (MADHYA PRADESH)

                                                                                       .....APPELLANTS
                           (BY SHRI SAMPAT KUSHWAHA - ADVOCATE)

                           AND
                           1.    SMT. RAMA BAI W/O LATE BHAGWANDAS
                                 GURJAR, AGED     ABOUT 48 YEARS, VILL.
                                 GADHIPURA HARDA, TEH AND DIST HARDA
                                 (MADHYA PRADESH)

                           2.    PRAVEEN S/O LATE BHAGWANDAS GURJAR,
                                 AGED ABOUT 25 YEARS, VILL. GADHIPURA
                                 HARDA, TEH AND DIST HARDA (MADHYA
                                 PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI BHUPENDRA KUMAR SHUKLA - ADVOCATE)

                                 This appeal coming on for admission this day, th e court passed the
                           following:
                                                             ORDER

This appeal is filed by the Electricity Company being aggrieved of award dated 14.10.2016 passed by learned Motor Accident Claims Tribunal, Harda in M.A.C.C. No.33 of 2015 on the ground that death of the riders on the

motorcycle took place due to electrocution, therefore, a claim could not have been filed under the provisions of the Motor Vehicles Act specially under the provisions contained in Section 165 and 166 of the Motor Vehicles Act, and thus the award being cryptic and having failed to take this aspect into consideration, deserves to be set aside.

Shri Bhupendra Kumar Shukla, learned counsel for the respondents/claimants, in his turn places reliance on the judgment of Supreme Court in the case of Union of India Vs. Bhagwati Prasad (Dead) and Others, (2002) 3 SCC 661 wherein it is held that so long as a motor vehicle is involved claim can be filed, even if death or injury has been caused by

negligence of joint tortfeasor, not by owner/driver of motor vehicle. Any other interpretation would result in undue hardship to the claimants.

After hearing learned counsel for the parties and going through the record, when impugned award is scrutinized, then case of the claimants is that deceased Bhagwandas on 03.02.2011 was traveling on his motorcycle bearing registration No.MP 10B 1698 after distributing milk. While he was traveling on his motorcycle all of a sudden a 11 KV line had a broken electric wire which fall down on him, resulting in electrocution to Bhagwandas and the motorcycle on the spot. This incident was seen by Dinesh Sharma and others.

When this aspect is examined, then fact of the matter is similar to that of the ratio laid down by Hon'ble Supreme Court in Bhagwati Prasad (Dead) and Others (supra), inasmuch as deceased was traveling on a motorcycle, he was using his motorcycle, accident took place on account of fall of an electric wire.

Though Shri Sampat Kushwaha, learned counsel for the appellant submits that motor vehicle was not involved and the line was shut for

maintenance but fact of the matter is that this very statement highlights the negligence of the electricity authorities that if line was shut for the maintenance then how current could flow, resulting an electrocution.

It is not the case of the appellant company that claimant was a trespasser or was responsible for breakage of the wire from a high tension line.

It is not their case that there was an attempt of pilferage of electric connection, as a result of, he got electrocuted. In absence of any such case when he was traveling on a motorcycle, then fall of electricity wire on the claimant, maintenance of which was responsibility of the present appellant moves them into the shoes of one of the joint tortfeasors. Law in this behalf is very clear that claimants can claim compensation from either of the joint tortfeasors. Therefore, when tested on this aspect, then law laid down in case of Bhagwati Prasad (Dead) and Others (supra) is fully in tune with the facts of the present case.

Thus, appeal fails and is hereby dismissed.

(VIVEK AGARWAL) JUDGE Tabish