Decided on March 15,2021

Kalimani Rout Respondents


D.DASH,J. - (1.) The Appellant, by filing this appeal, under section 100 of the Code of Civil Procedure (for short, 'the Code') has assailed the judgment and decree passed by the learned Additional District Judge, Balasore in RFA No. 53 of 2012. By the said judgment and decree, the lower appellate court has set aside the judgment and decree passed by the learned Additional Civil Judge (Senior Division), Balasore in Money Suit No. 14 of 2007 whereby the Plaintiffs suit had been dismissed. The lower appellate court has then answered the core issues in favour of the Plaintiffs in holding the Defendants to be negligent and responsible for the death of the husband of Plaintiff No. 1. Accordingly, the Defendants have been held liable to pay compensation of Rs.1,42,000/- with interest @ 6% from the date of institution of the suit till realization.
(2.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the trial court.
(3.) The case of the Plaintiffs is that the age of Bhanu Charan Rout at the time of incident was 50. He was a cultivator and wage earner. He was looking after the cultivation work for some time and during the rest of the time, he was engaging himself in doing the work as a labourer. Said Bhanu was approximately earning a sum of Rs.2000/- per month. On 11.09.2005, Bhanu Charan when was going to approach the road, he suddenly came in contact with the live 11KV electric wire which was lying being snapped from the poles. In the said incident, Bhanu Charan died on account of electrocution. Alleging improper maintenance of the live electric wire in supply of the electricity in the area, the Defendants being duty bound and in-charge of maintenance and supply of electricity in the area, the Plaintiffs have stated that the Defendants are liable to pay the compensation on account of said deathof Bhanu Charan by electrocution in the above incident.;

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