M.P.E.B. JABALPUR Vs. AMTABAI AND OTHERS

JUDGEMENT

(1.) Appellant/defendant has filed this appeal under Section 96 of the CPC against the judgment and decree dated 7.1.1994 in Civil Suit No. 9-B/88 passed by IIIrd Additional District Judge, Shajapur against the award of damages of Rs. 35,000/-.

(2.) The case of the plaintiff is that on 13.5.1986 at about 5 p.m. at Shajapur when his son Abbasi aged 13 years was playing on the street then he got the shock of the electric current when he touched the electric pole which was adjacent to the street. That Abbasi fell down and he was taken to the hospital in unconscious state where he has died due to electrocuting. It is alleged by the plaintiff that he was studying in New Model School in Bombay in Class Vth and he was a bright student and as he has died on account of the negligent act of the M.P.E.B., the compensation be provided to the plaintiff from the defendant.

(3.) Defendants have denied that the son of the plaintiff has died on account of the electric current from the pole of the M.P.E.B. It is contended by the defendants that the allegations of the negligence against the defendants are baseless and the pole was checked by the employees of the defendant and it was found that there was no leakage of current in the pole.