Smt. Papita Bai vs Madhya Pradesh Western Region ...
2023 Latest Caselaw 726 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE
                              SA No. 1733 of 2022
(SMT. PAPITA BAI AND OTHERS Vs MADHYA PRADESH WESTERN REGION ELECTRICTY DISTRIBUTION
                    COMPANY LIMITED DISTRIBUTION CENTER AND OTHERS)

Dated : 11-01-2023
      Shri Hemant Kumar Shrama, learned counsel for the appellants.

      Shri Abhishek Tugnawat, learned counsel for the respondent No.1.

Heard on I.A.No.4905/2022, an application filed under Section 35 of the Court Fees Act, 1870.

Learned counsel for the appellants submits that the appellant No.1

belongs to the Scheduled Caste Community, therefore, she is exempted from payment of court fees. The said exemption was also granted by the trial Court as well as appellate Court.

Shri Tugnawat, learned counsel for the respondent No.1 is not disputing this fact, therefore, in view of the aforesaid, I.A.No.4905/2022 is allowed.

Heard on the question of admission.

Appeal is admitted on the following substantial question of law:-

"(1). Whether the courts below have erred in overlooking the

medical evidence as well as the injury mentioned in Naksha Panchayatnama (Ex.P/12), that has indicated the necessary ingredients of death of deceased Santosh Chouhan - "In my opinion deceased Santosh is died of asphyxia due to electric shock" by electrocution?

(2). Whether the courts below have erred the Doctrine of Strict Liability and no negative evidence adduced by the respondents electricity company in light of judgment "Madhya

Pradesh Electricity Board Vs. Shail Kumari & others reported in AIR 2002 SC 551?"

Shri Abhishek Tugnawat, Advocate accepts the notice on behalf of the respondent No.1.

List the case for final hearing in due course.

(VIVEK RUSIA) JUDGE

VS