The Assistant Engineer And ... vs Morle Laxmi Bai And 4 Others
2021 Latest Caselaw 2828 Tel

     THE HON'BLE SRI JUSTICE T. AMARNATH GOUD

                  SECOND APPEAL No.196 of 2021

JUDGMENT :

This Second Appeal is filed aggrieved of the judgment and

decree dated 30.03.2021, passed by the III Additional District Judge,

Asifabad in A.S.No.5 of 2019, confirming the judgment and decree

dated 21.02.2018, passed by the Senior Civil Judge, Asifabad in

O.S.No.20 of 2011.

2. Heard learned counsel for appellants and perused the material

on record.

3. This appeal is directed against the concurrent findings of the

Courts below. It is the case of death due to electrocution and the

amount claimed in the suit towards compensation is Rs.6,00,000/- and

the suit has been decreed. Aggrieved thereby, in the appeal suit filed

by the appellant herein, the lower appellate Court has confirmed the

judgment and decree of the trial Court. This Second Appeal is valued

at Rs.12,52,326/-.

4. The following substantial questions of law are raised in this

Second Appeal :

"a). Whether non-supporting of the case of prosecutin by the plaintiffs against the Defendant No.1 & 2 is fatal to the maintainability of the suit ?

b) Whether the Defendants No.3 & 4/Appellants are liable to pay the compensation even in the case of illegal tappi9ng of energy by the Defendant No.1 & 2.

c) Whether Ex.A-1 to A-9 are the sufficient documents to proof the suit claim ?

d) Whether delay of five (5) years in producing the evidence is fatal to the suit claim ?"

5. The above questions of law do not make out a case for

admission of this Second Appeal under Section 100 of CPC. Further,

the issues raised in the substantial questions of law pertain to the

procedural and factual aspects, which the trial Court and the lower

appellate Court have already dealt with. Hence, this Second appeal is

liable to be dismissed.

6. Insofar as interest part is concerned, this Court feels that

awarding of interest @ 12% per annum from the date of suit till the

date of decree is a bit on higher side. Hence, the same is reduced to

10% per annum.

7. With the above observations, this Second Appeal is dismissed.

No order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

________________________ T. AMARNATH GOUD, J.

Date: 29.09.2021

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