Chairman vs Smt.Surajbai
2023 Latest Caselaw 1052 MP

                                1
 IN        THE     HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                              BEFORE
                  HON'BLE SHRI JUSTICE ROHIT ARYA
                     ON THE 18 th OF JANUARY, 2023
                      FIRST APPEAL No. 427 of 2006

BETWEEN:-
1.        CHAIRMAN M.P. ELECTRICITY BOARD RAMPUR
          JABALPUR (MADHYA PRADESH)

2.        SUPERINTENDING ENGINEER MADHYA PRADESH
          ELECTRICITY BOARD, BANGANGA, SHIVPURI
          (MADHYA PRADESH)

                                                       .....APPELLANTS
(BY SHRI VIVEK JAIN- ADVOCATE )

AND
1.        SMT. SURAJBAI W/O LATE SHRI GHUMAN SINGH,
          AGED ABOUT 33 YEARS,

2.        SHIVRAJ S/O LATE SHRI GHUMAN SINGH, AGED
          ABOUT 20 YEARS,

3.        ARVIND S/O LATE SHRI GHUMAN SINGH , AGED
          ABOUT 18 YEARS,

4.        SMT. LOOMABAIW/O LATE PRABHULAL LODHI,
          AGED ABOUT 80 YEARS,
          ALL ARE RESIDENT OF VILLAGE SEETANGAR
          POLICE STATION KOLARAS DISTRICT- SHIVPURI
          (MADHYA PRADESH)

                                                      .....RESPONDENTS
(BY SHRI SUNIL JAIN-ADVOCATE )

                      &

             FIRST APPEAL No. 384 of 2006
BETWEEN:-

     1.    SMT. SURAJBAI W/O LATE SHRI GHUMAN
                                 2
          SINGH, AGED ABOUT 33 YEARS,

   2.    SHIVRAJ S/O LATE SHRI GHUMAN SINGH,
         AGED ABOUT 20 YEARS,

    3.    ARVIND S/O LATE SHRI GHUMAN SINGH ,
          AGED ABOUT 18 YEARS,

   4.  SMT. LOOMABAIW/O LATE PRABHULAL LODHI,
       AGED ABOUT 80 YEARS, ALL ARE RESIDENT OF
       VILLAGE SEETANGAR POLICE STATION KOLARAS
DISTRICT- SHIVPURI (MADHYA PRADESH)
                                       (.......APPELLANTS)
(BY SHRI SUNIL JAIN- ADVOCATE )

AND

    1. CHAIRMAN M.P. ELECTRICITY BOARD
       RAMPUR JABALPUR (MADHYA PRADESH)

    2. SMT. LOOMABAIW/O LATE PRABHULAL LODHI,
      AGED ABOUT 80 YEARS, ALL ARE RESIDENT OF
      VILLAGE SEETANGAR POLICE STATION KOLARAS
DISTRICT- SHIVPURI (MADHYA PRADESH)
                                 (........RESPONDENTS)
(BY SHRI VIVEK JAIN- ADVOCATE)

         T h is appeal coming on for orders this day, t h e cou rt passed the
following:
                                     ORDER

Both the appeals under Section 96 of CPC arise out of the same judgment and decree dated 05/07/2006 passed by IV Additional District Judge, (Fastrack) Shivpuri (M.P.) in Case No.1-A/2006. The First Appeal No.427/2006 is filed at the instance of M.P. Electricity Board against the judgment and decree of the Court below awarding compensation to the claimants. The First Appeal No.384/2006 is filed at the instance of claimants for enhancement of compensation awarded by the Court below. The Court below has awarded the compensation to the tune of Rs.2,00,000/- with interest @ 6 % per annum from the date of institution of the suit till realization alongwith advocate fee Rs.1500/- to the claimants.

2 . Facts relevant and necessary for disposal of the appeals are to the effect that the deceased Ghuman Singh was an agriculturist and resident of village Seetanagar. While he was watering the agriculture field in the intervening night of 13-14 November, 2004, he succumbed to electrocution due to naked electric wire lying on the way of his agriculture field from the electric polls. On merg intimation, a case was registered vide No.52/2004. During investigation, 14 meters electric wire was seized from the spot. The body was sent for postmortem. It was alleged that the deceased Ghuman Singh owned 100 bighas of irrigated land and earn Rs.10,000/- per month. Therefore, the compensation to the tune of Rs.5 lacs assessing the income of the deceased @ 6,000/- per month was made. The claim was denied by the Court below.

3. Issues were framed before the Court below. Both the parties have led evidence. While discussing issue no.1 in paragraphs no.5 & 6, the Court below upon critical evaluation of the evidence placed on record has reached to a conclusion about the negligence on the part of respondents/ Electricity Board, which led to the death of the deceased Ghuman Singh due to electrocution caused by the naked wire lying on the way of agriculture field of the deceased fallen from the electric polls. The findings so recorded regarding issue no.1 in our opinion of this Court are impregnable, hence, not liable to be interfered with.

4. As regards issues No.2 & 3, the trial Court has dealt the said issues in paragraph 17 to 20. Indeed, no evidence was produced as regards income of the deceased Ghuman Singh. The incident is of the year 2004. The claim was made for Rs.5 lacs as compensation, and the Court below has awarded Rs.2 lacs as compensation i.e. enhancement of Rs. 03 lacs. However, the learned counsel for the claimants (appellants in First Appeal No.384 of 2006) is at loss

to state that there is no evidence relating to Bhuswami right of the deceased over 100 bighas of land as alleged.

5. After hearing the learned counsel for the parties and upon perusal of the impugned judgment, in the opinion of this Court, looking to the fact that the deceased was an agriculturist, therefore, minimum wages should have been Rs.3,000/- per month as per the Collector guidelines, it is appropriate to assess the income of the deceased to the tune of Rs.3,000/- per month. After deducting 1/3 of personal expenses, the monthly income comes to Rs.2,000/-. In the light of Sarla Verma (smt.) and Ors. Vs. Delhi Transport Corporation (2009) 6 SCC 121, multiplier of '16' should be applied, therefore, his annual income comes to Rs. 2,000x12x16= 3,84,000/-. In light of decision of Apex Court in the matter of National Insurance Company Vs. Pranay Sethi and others, 2017 ACJ 2700, loss of future earning capacity is to be assessed at 40%, thus, total loss of earning capacity comes to Rs. 3,84,000x40/100 = Rs.1,53,600/-. Thus the total amount comes to Rs. 3,84,000 + 1,53,600 = 5,37,600/-. The Claims Tribunal has already awarded a sum of Rs.2,00,000/- to the claimants, therefore, after deducting the same, the claimants shall be entitled to receive an enhanced compensation to the tune of Rs.5,37,600 - 2,00,000= Rs. 3,37,600/-. The enhanced amount of compensation i.e. Rs.3,37,600/- (Rs. Three Lacs and Thirty Seven Thousand and Six Hundred only) shall carry interest as fixed by the Court below from the date of filing of claim application till its realization. The enhanced amount of compensation alongwith the interest shall be payable to the claimants within 12 weeks from the date of production of a certified copy of this order. However, claimants are directed to pay the Court fee over the

amount of compensation awarded in this appeal within a period of one month from the date of receipt of certified copy, else, the instant order would not be given effect to.

6 . Consequently, F.A. No.427/2006 filed at the instance of Electricity Board is dismissed and F.A. No.384/2006 filed at the instance of claimants is allowed in above terms and disposed of.

No order as to cost.

(ROHIT ARYA) JUDGE vc

VARSHA CHATURVEDI 2023.01.24 17:58:37 +05'30'