M.P. Madhya Kshetra Vidyut Vitran ... vs Deepika
2024 Latest Caselaw 14160 MP

Madhya Pradesh High Court

M.P. Madhya Kshetra Vidyut Vitran ... vs Deepika on 14 May, 2024

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        FA No. 1588 of 2023
                                  (M.P. MADHYA KSHETRA VIDYUT VITRAN COMPANY LTD Vs DEEPIKA AND OTHERS)

                           Dated : 14-05-2024
                                 Shri Anvesh Shrivastava - Advocate for the appellant.

                                 Shri Sourabh Thakur - Advocate for the respondents.

I.A. No.12734 of 2023 is already disposed of on 22.2.2024, but the it is shown as pending.

Let it be deleted from the cause list.

Record is received.

Heard on admission.

This appeal has been filed by the defendant - M.P. Madhya Kshetra Vidyut Vitran Company Ltd. being aggrieved by the judgment and decree dated 21st December 2022 in RCSB/02/2022 (Dipika and others Vs. Chief Junior Engineer and others). Learned trial court has directed to pay Rs.9,73,182/- as compensation.

The appeal has been filed on the ground that concept of strict liability has been has been applied. The deceased was working for the appellant- for a

private company and that company was with the contract of M.P.E.B and principle of Rylands Vs. Fletcher has been wrongly applied. Therefore, after hearing learned counsel for the appellant, the appeal is admitted for final hearing.

I.A. No.5947 of 24 under Order 7 Rule Rule 14 of CPC has been filed for taking documents on record supported by affidavit. The certified copies of proceeding of executing court from 13.2.2024 to 27.2.2024 have been filed. It is submitted that the executing court has attached the bank account of the

M.P.E.B. and on their direction, the Money was transferred by the bank from the bank account of M.P.E.B. to the executing court and 100% amount has been deposited as ordered by the court.

It is submitted by learned counsel for the respondents that 100% amount has been deposited on the direction of the court but due to attachment, they are unable to withdraw the amount.

Looking to the facts and circumstances of case, it is directed that 50% of the amount be paid to the respondents on furnishing an adequate security by the respondents.

List after eight weeks.

(AVANINDRA KUMAR SINGH) JUDGE bks