JUDGEMENT
Thomas, J. -
(1.)Leave granted.
(2.)The supplier of electricity in a locality is striving to squirm out of the liability to compensate the dependents of the sole victim of a snap electrocution. The supplier, Madhy Pradesh Electricity Board (for short the Board) pleads that the electrocution was due to the clandestine pilferage committed by a stranger unauthorisedly siphoning the electric energy from the supply line and hence the wrong doer alone should be mulcted with the burden of damages. In a suit filed by the dependents of the victim the trial Court agreed with the Board in regard to the aforesaid contention, but the High Court disagreed and directed the Board to pay the amount of damages assessed. The said judgment of the High Court of Madhay Pradesh is now under challenge in this appeal. After hearing learned counsel for the Board we do not find the necessity to seek the help of the respondents in deciding this appeal and hence service of notice on the respondents is dispensed with.
(3.)One Jogendra Singh, a workman in a factory, aged 37, was riding on a bicycle on the night, of 23-8-1997 while returning from his factory, without any premonition of the impending disaster awaiting him en-route. The disaster was lying on the roads in the form of a live electric wire. There was rain and hence the road was partially inundated with water. The cyclist did not notice the live wire on the road and hence he rode the vehicle over the wire which twitched and snatched him and he was instantaneously electrocuted. He fell down and died within minutes.
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