Rajasthan High Court - Jodhpur
Assistant Engineer (Rural) vs Mangilal on 5 May, 2022
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil First Appeal No. 159/2022
1. Assistant Engineer (Rural), Jodhpur Vidyut Vitaran Nigam
Limited, Churu
2. Superintending Engineer, Jodhpur Vidyut Vitaran Nigam
Limited, Churu
3. Chairman, Jodhpur Vidyut Vitaran Nigam Limited, Jodhpur
----Appellants
Versus
1. Mangilal S/o Laxman Das, B/c Swami, R/o Rajpura, Tehsil
Taranagar, District Churu
2. Manju W/o Mangilal, R/o Rajpura, Tehsil Taranagar,
District Churu
----Respondents
For Appellant(s) : Mr.Kuldeep Marwan
For Respondent(s) : Mr. K.R. Saharan
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Judgment
05/05/2022
The instant first appeal has been filed under Section 96
Code of Civil Procedure against the judgment and decree dated
21.10.2021 passed by learned Family Court, Churu in Civil Claim
No. 25/2019 (07/2017) whereby the suit filed by the plaintiff -
respondent herein under the provisions of Fatal Accident Act has
been decreed against the defendants - appellants herein and
ordered the respondents to pay a sum of Rs.4,10,000/- with
interest @ 9% per annum as compensation to the respondents -
plaintiffs.
(2 of 3) [CFA-159/2022]
Heard learned learned counsel for the parties and
perused the impugned judgment and decree as also material
made available by the learned counsel for the appellants.
In the present matter, a suit was filed under the
provisions of Fatal Accident Act by the parents of child Pawan @
Vijendra, since deceased, claiming compensation from Jodhpur
Vidhyut Vitran Nigam Ltd (hereinafter referred to as 'JVVNL'). As
per averments made in the appeal, the child Pawan @ Vijendra
died on account of electrocution from 11 KV lines. Claimants
contended that previously, they have complained the appellants to
raise the height of 11 KV lines but of no avail. High voltage lines
were also not guarded with any protection and when deceased
who went on terrace, raised his hands, he came in contact with 11
KV lines. The responsibility to properly maintain high voltage lines
is on the JVVNL. On account of negligence on part of JVVNL in not
maintaining the electric lines properly, this mishap occurred in
which Pawan @ Vijendra aged about 15 years died on 3.5.2016 at
his maternal house.
Learned trial court after due trial decreed the suit and
awarded Rs. 4,10,000/- with interest @ 9% per annum to the
claimants as compensation. Trial court came to the conclusion that
electric lines of 11 KV were not maintained at requisite height,
which resulted in this incident.
Being aggrieved with the above judgment and decree,
defendant - appellants have filed the present appeal.
During arguments at admission stage, learned counsel
for the appellants submits that the incident was not reported to
them. Before this incident, for the last 15 to 20 years no such
incident took place. The matter was got investigated by the
(3 of 3) [CFA-159/2022]
Assistant Engineer (Rural), Discom, Churu. As per his report, a
construction of shop was in progress under the 11 KV lines and
the electric lines were at proper height. This incident happened
during the course of construction, which was being carried without
permission from the appellants. Relying on the report, learned
counsel for the appellants submits that this incident took place on
account of negligence of claimant party.
Having regard to the submission made by the learned
counsel for the appellants and material available on record, it is
not in dispute that the deceased got electrocution on account of
his coming in contact with electric lines of 11 KV. No plausible
reasons have been assigned by the appellants for not maintaining
11 KV electric lines at proper height. It is irrelevant to state that
construction work was being raised without permission of the
appellants. There is no reason to disbelieve the finding of the trial
court to the effect that electric lines were not maintained at proper
height, which is a negligent act on part of the appellants. The plea
taken by the appellants in this appeal is liable to be rejected
outrightly. The finding arrived at by the learned trial court is just
which calls for no interference.
Accordingly, the appeal being devoid of any merit is
dismissed at admission stage.
(RAMESHWAR VYAS),J
18-Mak/-
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