Babu Kha vs M.P.P.K.V.V. Co. Ltd.
2023 Latest Caselaw 7418 MP

                                                                1
                            IN       THE      HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                         BEFORE
                                             HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                     ON THE 8 th OF MAY, 2023
                                               MISC. CIVIL CASE No. 2793 of 2018

                           BETWEEN:-
                           BABU KHA S/O KHUDA BAKSH, AGED ABOUT 50 YEARS,
                           DHARAKHEDI, TEH. AND DISTT. SHAJAPUR (MADHYA
                           PRADESH)

                                                                                               .....PETITIONER
                           (SHRI AKHIL GODHA, LEARNED COUNSEL FOR THE PETITIONER.)

                           AND
                           1.    M.P.P.K.V.V. CO. LTD. EXECUTIVE ENGINEER
                                 LALGHATI, SHAJAPUR (MADHYA PRADESH)

                           2.    ASSTT. ENGINEER     M.P.P.K.V.V. CO. LTD.
                                 LALGHATI, SHAJAPUR (MADHYA PRADESH)

                           3.    PRESIDENT    M.P.P.K.V.V. CO.  LTD. DISTT.
                                 JABALPUR M.P. (MADHYA PRADESH)

                           4.    STATE OF M.P. THROUGH COLLECTOR (MADHYA
                                 PRADESH)

                                                                                            .....RESPONDENTS
                           (NONE APPEARS FOR RESPONDENTS NO.1 TO 3.
                           SHRI MUKESH PARWAL, LEARNED COUNSEL APPEARING ON BEHALF
                           OF ADVOCATE GENERAL / RESPONDENT NO.4.)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                                 ORDER

1 The present MCC is filed seeking leave to file accompanying second appeal as an indigent person.

2. The petitioner / plaintiff filed a suit as an indigent person to claim Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 09-05-2023 19:47:49

compensation from Electricity Company. Vide judgment dated 27.02.2017 passed in COS No.25-A/2014 by Civil Judge, Class-II, Shajapur, compensation of Rs.1,45,000/- was awarded. Being aggrieved by the aforesaid compensation, an appeal was filed by the Madhya Pradesh Paschim Kshetra Vidyut Vitaran Company Limited; and vide judgment dated 28.07.2018 passed in Civil Appeal No.05/2017 by the First Additional District Judge,Shajapur, the amount of compensation has been reduced to Rs.45,000/-. Hence, this appeal has been filed along with an application seeking leave to file an appeal as an indigent person.

3. Learned counsel for the petitioner submits that the petitioner has

stated on oath that his financial condition has not been improved till date and he is not in a position to pay the Court Fee, because his only source of income was from buffalo, who died due to electrocution.

4. Despite several opportunities, the respondents / Electricity Company has not filed any report and this MCC is pending since 2018, awaiting the report. Since an affidavit has been filed to the effect, that there is no change in the financial condition, which is the only requirement for consideration in this MCC to grant permission to file an appeal as an indigent person, hence, this MCC is allowed.

5. Let the accompanying memo of appeal be registered as Second Appeal (SA).

6. Accordingly, Miscellaneous Civil Case No.2793/2018 stands disposed of.

Interlocutory application, if any, also stands disposed of.

Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 09-05-2023 19:47:49

(VIVEK RUSIA) JUDGE rcp

Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 09-05-2023 19:47:49