Jodhpur Vidyut Vitran Nigam Ltd vs Manohar Singh
2021 Latest Caselaw 2764 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 85/2020

1. Jodhpur Vidyut Vitran Nigam Ltd., Jodhpur Through Its -

2. 1. Assistant Engineer (Rural), Jodhpur Vidyut Vitran Nigam Ltd., Sadulpur, District Churu.

3. 2. Managing Director, Jodhpur Vidyut Vitran Nigam Ltd., Jodhpur

----Appellants Versus Manohar Singh S/o Shri Sawai Singh, B/c Rajput, R/o Village Jaswantpura, Tehsil Rajgarh, District Churu (Rajasthan)

----Respondent

For Appellant(s) : Mr. Shashank Joshi

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

02/02/2021

Heard learned counsel for the appellants.

The present second appeal has been preferred by the

appellants against the Judgment and Decree dated 30.09.2019

passed by Additional District Court No.1, Rajgarh, District Churu,

vide which the appeal preferred by the appellants against the

Judgment and Decree dated 16.03.2018 passed by Civil Judge

Rajgarh, District Churu decreeing the suit for grant of

compensation filed by the plaintiff - Manohar Singh with the

direction to the defendants (appellants herein) to pay an amount

of Rs. 40,000/- on account of death of female camel (cow) with

interest @ 6% p.a., was dismissed.

Learned trial court, after hearing the learned counsel for the

parties, framed the issues and recorded a categorical finding of

(2 of 3) [CSA-85/2020]

fact on Issue Nos. 1 and 2 that because of the improper

maintenance of the electric lines passing in the area, where the

incident alleged in the present case took place, the female camel

(cow) came in contact with the wires having electricity flow and

because of that she died. On a challenge being laid to the order

passed by the Learned Civil Judge on 16.03.2018, the learned

appellate court also came to the conclusion that the finding

recorded by the learned trial court is just and proper and the

same does not require any interference. Thus, Issue Nos. 1 and 2

were decided against the present appellants. Aggrieved of the

concurrent findings recorded by the courts below, the appellants

have preferred the present second appeal.

Learned counsel for the appellants vehemently submitted

that both the courts below have misread the evidence inasmuch

as the photograph produced before the trial court does not show

that there was any bump or a higher level of ground. He further

submits that the wires of the appellants' Department were on a

reasonable height as prescribed in their manual and it was

because of the fault of the female camel (cow) which came in

contact with the electric wires. The electric line which is passing

through the area is located at a safe height from the ground and

therefore, no fault can be found with the appellants.

I have considered the submissions made at the Bar and gone

through the findings recorded by the learned trial court as well as

by the appellate court in the orders dated 16.03.2018 and

30.09.2019 respectively. The findings recorded by the trial court

after appreciation of the evidence clearly shows that the wires

were hanging much below the stipulated height and therefore, the

electric current was the reason for killing the female camel (cow)

(3 of 3) [CSA-85/2020]

in this case. The appellants should have taken proper care of the

electric lines passing in the area for avoiding the accidents of the

nature which has occurred in this case. The finding of fact

recorded by the trial court does not suffer from any infirmity as

the same has been recorded after careful examination of the

evidence produced before it. Learned counsel for the appellant

failed to point out any perversity in the findings recorded by the

two courts below so as to give rise to any substantial question of

law.

In view of the discussions made above, no substantial

question of law is involved in the present case and thus, the

orders passed by both the courts below do not call for any

interference. The appeal is devoid of any force and, therefore, the

same is dismissed.

(VINIT KUMAR MATHUR),J

22-Payal/-

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