M.D.OF GRAMIN VIDYUT SAHAKARI Vs. NATHULAL

JUDGEMENT

(1.) By this first appeal under Section 96 of the CPC, the defendant has challenged the judgment and decree dated 30.1.2001 passed by the Court of Additional District Judge, Manasa in C.S. No.1B/2000.

(2.) The respondents had filed the suit for damages with the plea that on 1.12.1998 the respondents along with their daughter Anita were passing from the agricultural field of Banshi Banjara to go to their own agricultural field. The broken and live electricity wire were lying in the field of Banshi Banjara which came under the feet of Anita and she had died due to electrocution on the spot. A report in the Police Station, Manasa was lodged and Merg was registered and postmortem was done, wherein cause of death was found to be electrocution. It was further pleaded that prior to the incident on 26.11.1998 the villagers of village Hadipipliya had lodged a complaint with Ghanshyam Mali of village Hadipipliya, who was keeping the record of the appellant-society but the lineman had not cared for it and had not repaired the broken electricity wire, hence on account of the negligence of the employee of the appellant-society the daughter of the respondents had died, therefore, the damages and compensation of Rs.75,000/- was claimed with the plea that the notice dated 22.12.1998 was received by the appellant yet the amount was not paid.

(3.) The appellant by filing the written statement had denied the plaint averment. It had denied that daughter of the respondents had died on account of the electrocution or the appellant-society had received any intimation of the broken electricity wire and had raised the further plea that no such complaint was made and on seeing the broken wire, the respondents should have stopped their daughter to go towards it. It was also alleged that the respondents were committing theft of electricity and running the motor by putting wire on the live line, which had caused the accident and the death of their daughter.