Ajmer Vidyut Vitran Nigam Limited, ... vs Rasala Devi (2025:Rj-Jd:50153)
2025 Latest Caselaw 15812 Raj

Citation : 2025 Latest Caselaw 15812 Raj
Judgement Date : 20 November, 2025

Rajasthan High Court - Jodhpur

Ajmer Vidyut Vitran Nigam Limited, ... vs Rasala Devi (2025:Rj-Jd:50153) on 20 November, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:50153]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Civil First Appeal No. 387/2018

1.       Ajmer Vidyut Vitran Nigam Limited, Ajmer, Through
         Chairman, Ajmer Vidyut Vitran Nigam Limited, Hath
         Bhata Chow, Jaipur Road, Ajmer. Dist. Ajmer
2.       Assistant Engineer (Rural), Ajmer Vidyut Vitran Nigam
         Limited, Hurda, District Bhilwara
                                                                       ----Appellants
                                        Versus
1.       Rasala Devi W/o Shri Shankar Lal Regar, Taswariya, Tehsil
         Hurda, District Bhilwara.
2.       Mumal S/o Shri Shankar Lal Regar, Aged About 14 Years,
         Taswariya, Tehsil Hurda, District Bhilwara.
3.       Komal D/o Shri Shankar Lal Regar, Aged About 9 Years,
         Taswariya, Tehsil Hurda, District Bhilwara.
4.       Krishna D/o Shri Shankar Lal Regar, Aged About 8 Years,
         Taswariya, Tehsil Hurda, District Bhilwara.
5.       Rahul S/o Shri Shankar Lal Regar, Aged About 8 Years,
         Respondents Nos. 2 To 5 Are Minor Through Their Natural
         Guardian Mother Respondent No. 1 Smt. Rasala Devi, R/o
         Taswariya, Tehsil Hurda, District Bhilwara.
                                                                     ----Respondents


For Appellant(s)              :     Mr. Shubham Modi
For Respondent(s)             :     -



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

20/11/2025

1. The present appeal has been preferred by the Ajmer Vidhyut

Vitran Nigam Limited (AVVNL) against the judgment and decree

dated 08.05.2018 passed by the learned Additional District Judge,

Gulabpura, District Bhilwara in Civil Original Case No.10/2013,

whereby the suit filed by the claimants-respondents under the

Indian Fatal Accidents Act, 1855 was decreed and compensation to

the tune of Rs.4,50,000/-, along with interest @ 7.5% per annum,

was awarded in their favour.

(Uploaded on 21/11/2025 at 12:18:05 PM)

[2025:RJ-JD:50153] (2 of 4) [CFA-387/2018]

2. In the suit preferred by the claimants-respondents, it was

pleaded that on 08.12.2012, the deceased- Shankar Lal Regar

(husband of respondent No.1 and father of the respondents No.2

to 5), came in contact with the stay wires connecting D.P. while

easing himself as electric current was flowing through the stay

wires. The deceased- Shankar Lal Regar suffered electrocution,

resulting in his instantaneous death. It was alleged that due to

negligence on the part of the AVVNL in maintaining the electric

lines, the deceased suffered electrocution and succumbed to the

injuries on the spot.

3. The appellants- defendants, in their written statement,

denied any negligence on their part and stated that the

defendants were never informed regarding flow of electric current

in the stay wire connecting D.P. at Ghewarchand Ka Kua situated

behind Kavaliya Hotel. The appellants- defendants have not

committed any negligence or carelessness in maintaining the

wires/ electric lines. It was further pleaded that the deceased

came in contact with the stay wires due to his own negligence

and, therefore, the defendants cannot be made responsible for the

incident which occurred on 08.12.2012.

4. The learned trial Court, on the basis of the pleadings, framed

as many as five issues including the relief, which read as under:-

"1- vk;k fn-&08-12-2012 dks le; fnu ds djhc 12-30 'kadjyky daofy;kl gksVy ds ihNs ?ksojth ds dq,a ds ikl 'kkSp djus tkrs le; fo|qr foHkkx dh dSaph ij yxh rk.k esa fo|qr izokg gksus ls 'kadjyky ds djaV vk x;k ftl daofy;kl ls xqykciqjk vLirky esa yk;s tgka mlh fnu djaV yxus ls mldh e`R;q gks xbZ\ &oknhx.k& 2- vk;k oknhx.k izkFkZuk i= dh pj.k la-&6 esa of.kZr jkf'k izfroknhx.k ls izkIr djus ds vf/kdkjh gS\ &oknhx.k& 3- vk;k oknhx.k dks dksbZ okn dkj.k iSnk ugha gqvk\ &izfroknhx.k& (Uploaded on 21/11/2025 at 12:18:05 PM)

[2025:RJ-JD:50153] (3 of 4) [CFA-387/2018]

4- vk;k ?kVuk dh lwpuk izfroknhx.k dks vkKkid :i ls nh tkuh Fkh ftldh ikyuk ugha djus ds dkj.k okn [kkfjt gksus ;ksX;

             gS\
                                                             &izfroknhx.k&
             5-     vuqrks"k\"

5. Before the learned trial Court, the claimants- respondents

examined Rasal (PW-01) and exhibited 8 documents including FIR,

Naksha Mauka, Post mortem report, etc. and the

appellant/defendant- AVVNL examined Ranjeet Singh Khatik (DW-

01). No documents were produced in evidence on behalf of the

defendant.

6. The learned trial Court proceeded to decide Issues No.1 and

2 and while relying upon the documentary evidences and the

testimony of PW-01, concluded that the deceased died due to

electrocution. Upon evaluating both oral and documentary

evidence, the Court held that the death occurred solely due to

negligence on the part of the AVVNL in maintaining the electric

lines/ wires. While deciding Issue No.5, the learned trial Court

while placing the reliance on the judgments in the cases of

"Western Electric Supply Company of Odisha Limited vs. Smt.

Kunti" reported in 2005 (2) TAC (60) (Odisha) and "Smt. Abha

Yadav vs. Delhi Nagar Nigam" reported in 2003 (3) ACC 25

(Delhi), assessed the monthly income of the deceased at

Rs.4,000/- and awarded compensation of Rs.4,50,000/- with

interest @ 7.5% per annum.