Jodhpur Vidhyut Vitran Nigam Ltd vs Mahendra
2021 Latest Caselaw 7151 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 243/2019

Jodhpur Vidhyut Vitran Nigam Ltd., Through

1.) Managing Director, Jodhpur Vidhyut Vitran Nigam Limited, Jodhpur.

2.) Superintending Engineer, Jodhpur Vidhyut Vitran Nigam Limited, Churu (Raj.).

3.) Assistant Engineer (O&M), Jodhpur Vidhyut Vitran Nigam Limited, Sadulpur (Rajgarh), District - Churu (Raj.).

----Appellants Versus Mahendra S/o Shri Laduram, B/c Jat, R/o Chimanpura, Tehsil Rajgarh, District Churu (Raj.)

----Respondent

For Appellant(s) : Mr. Shyam Vyas.

Mr. Govind Suthar.

For Respondent(s)         :     Mr. B.R. Jajra.



            HON'BLE MR. JUSTICE ARUN BHANSALI

                                     Order

15/03/2021

This second appeal is directed against judgment & decree

dated 08.03.2018 passed by Senior Civil Judge, Rajgarh, District -

Churu and judgment & decree dated 22.04.2019 passed by

Additional District Judge No.1, Rajgarh, District - Churu, whereby

the suit filed by the respondent for compensation has been

decreed and the appeal filed by the appellants has been rejected,

respectively.

The suit was filed for compensation by the respondent-

plaintiff, inter alia, with the submissions that his two buffaloes,

which were aged about 8 years and 4 years, when he was taking

them to the pond for watering on 18.06.2015 at about 9 AM, they

(2 of 4) [CSA-243/2019]

came in contact with stay-wire of the electricity pole, as electric

current was flowing in the said stay-wire, both the buffaloes, on

coming in contact with the said wire, succumbed.

A report was lodged with the police on 19.06.2015 with the

Police Station, Rajgarh, postmortem was conducted at the

Government Veterinary Hospital on 19.06.2015, wherein the

reason for death is indicated as electrocution. It was alleged that

the accident occurred on account of negligence on part of the

appellants-defendants in maintaining the electricity line.

Compensation to the tune of Rs.1,40,000/- was claimed for the

death of two buffaloes alongwith interest.

A written statement was filed denying the averments made

therein. It was indicated that the Police Investigating Officer has

prepared a false site map and false postmortem report has been

got prepared. It was claimed that in June, 2015, there was

widespread disease in animals at Village - Chimanpura, to which,

the buffaloes had succumbed and they had not died due to

electrocution.

It was claimed that the wires were not loose and that the

electric current was not flowing in the stay-wire. It was prayed

that the suit be dismissed.

Based on the averments of the parties, the trial court framed

three issues. On behalf of the plaintiff, three witnesses including

the doctor, who conducted the postmortem, were examined and

on behalf of the defendants, two witnesses were examined.

After hearing the parties, the trial court came to the

conclusion that the accident occurred on account of negligence on

part of the defendants, wherein electricity current was flowing in

the stay-wire, the buffaloes came in contact with the same and

(3 of 4) [CSA-243/2019]

succumbed and awarded compensation to the tune of

Rs.1,00,000/-.

Feeling aggrieved, the appellants filed first appeal. The first

appellate court after hearing the parties, reiterated the findings

recorded by the trial court and dismissed the appeal.

It is submitted by learned counsel for the appellants that the

trial court did not discuss the issues raised in a proper manner. It

was indicated that the trial court simply reproduced the

statements of the witnesses and jumped to the conclusion and,

therefore, the judgment impugned deserved interference,

however, the first appellate court failed to appreciate the said

aspect.

Further submissions were made that the case set-up by the

appellants was not examined and the plea raised by the plaintiff

has been accepted in toto, which is not justified. It was prayed

that the appeal be admitted on the substantial questions of law as

suggested.

Learned counsel for the respondent supported the judgments

impugned.

I have considered the submissions made by learned counsel

for the parties and have perused the material available on record.

As noticed hereinbefore, the case of the plaintiff was specific

that the buffaloes died due to electrocution. The defendants took

the plea that the buffaloes did not died due to electrocution, but

died on account of some disease and went on to make allegations

that the site map prepared by the police as well as the

postmortem report of the Govt. Hospital, were concocted.

On part of the plaintiff, besides the plaintiff himself, one

Gulab Singh as PW-2 and Dr. Sumer Singh of Govt. Veterinary

(4 of 4) [CSA-243/2019]

Hospital, Rajgarh as PW-3, who gave the postmortem report, were

examined. All the three witnesses were cross-examined and the

trial court, after analyzing the evidence available on record,

categorically came to the conclusion that the buffaloes died on

account of electrocution and the submissions made regarding the

site map and the postmortem being concocted, had no basis.

Once it is found that the buffaloes died on account of the

electrocution and the defendants had raised fantastic defense by

going on to discredit the police as well as the Govt. Hospital

Doctor in preparing of the site map and the postmortem report,

based on principles of res ipsa loquitur, it was apparent that the

accident occurred on account of negligence of the respondents-

defendants, wherein electric current was flowing in the stay-wire

of the electricity pole.

In view thereof, the concurrent judgments of the two courts

below based on finding of fact do not give rise to any substantial

question of law.

Consequently, the appeal has no substance, the same is,

therefore, dismissed.

(ARUN BHANSALI),J

26-PKS/-

Powered by TCPDF (www.tcpdf.org)