ASHA ARORA, J. - (1.) THIS is yet another instance of negligence of the West Bengal State Electricity Board (for brevity referred as the W.B.S.E.B) in maintaining the electric line under their management and control in consequence of which a minor girl was electrocuted. On 5th February, 1990 at about 9.30 a.m when the victim Mahima Ghosh was passing through the field in Plot No. 2288 at Village Gourdanga, she came in contact with a live high voltage electric wire which was lying on the said land. Due to electric shock the victim's right hand and right thigh were severely burnt. Her right hand had to be amputated and she became disabled. With these averments the suit was filed against the Assistant Engineer, W.B.S.E.B, Katwa, Divisional Engineer, W.B.S.E.B, Burdwan and W.B.S.E.B, Bidyut Bhavan, Bidhan Nagar, Calcutta seeking compensation to the tune of Rs.2,00,000/ - alleging negligence on the part of the defendants in maintaining the electric line in question.
(2.) IN their written statement before the Trial Court the defendants categorically disputed all the material contentions made in the plaint. They specifically denied that the plaintiff sustained any injury due to electric shock from the electric line of W.B.S.E.B. Defendants also denied negligence on their part in maintaining the electric line and alleged that there were cases of theft of electricity and electric wires in the area of Gourdanga ­ Simulgachhi at the relevant time due to which the wires may have snapped. The said circumstances were beyond their control and the accident if any, was not due to wilful negligence on their part. According to the defendants, they did not receive any written complaint regarding the incident. In the circumstances stated, it is the contention of the defendants that they are not liable to pay any compensation to the plaintiff.
(3.) DURING trial six witnesses including the victim were examined in support of the plaint case. Besides the oral evidence, plaintiff relied upon a certificate issued by PW 5 Dr. Arun Kumar Ghosh who attended the victim and a letter written by him to the Superintendent of Burdwan Medical College and Hospital which were marked Exhibits 1and 2 respectively. On behalf of the defendants, Mr. Bijoy Chand Swarnakar, the Assistant Engineer, W.B.S.E.B Katwa was examined as DW 1. After considering the evidence on record and upon hearing the submissions on behalf of the parties, the Trial Judge came to the conclusion that plaintiff sustained electric shock and resultant injury due to negligence of the defendant in maintaining properly the electric line concerned. Holding thus, the suit was decreed on contest with cost by the learned Civil Judge (Senior Division) Katwa, District ­ Burdwan who awarded Rs.2,00,000/ - as compensation to the plaintiff. Being aggrieved by the aforesaid judgement dated 30th March, 2001 and decree passed in Money Suit No. 1 of 1991 the Defendant Nos. 1 and 3 (being the W.B.S.E.B. Katwa and the W.B.S.E.B. Bidhannagore, Calcutta) filed the instant appeal.;