L.N. Mittal, J. - (1.) PLAINTIFFS No. 1,2 and 6 have filed the instant second appeal after the Plaintiffs i.e. Appellants and performa Respondents No. 5 and 6 and Ashok (not party to the instant second appeal) were successful in the trial court but have been non -suited by the lower Appellate Court.
(2.) PLAINTIFFS , who are wife, sons and daughters of Jaipan @ Jaipal, claimed compensation for his death by electrocution alleging that the death occurred on account of negligence of the Defendants (Respondents No. 1 to 4). It was pleaded that electric line of 11000 voltage laid by the Defendants was passing over Harijan Basti including the house of the Plaintiffs at a height 12 feet from the ground. Inspite of resolution dated 28.09.1993 passed by Gram Panchayat, the Defendants did not shift the electricity lines. Another application was given to the Defendants on 02.06.2002 and also on 22.01.2004. The death of Jaipan @ Jaipal occurred on 31.05.2002 while he was installing hand pump and was making bore for the same and bokki (instrument used for making the bore) touched the electric wire. Defendants denied their negligence. It was pleaded that HT line of 11 KV is at height of 20 feet from the ground level and it was not crossing over the houses. There was no house in the area when the line was laid. Various others pleas were also raised.
(3.) LEARNED Civil Judge(Senior Division) Bhiwani, vide judgment and decree dated 11.10.2007, decreed the Plaintiff's suit for compensation of Rs. 4 lacs. However, first appeal preferred by Defendants has been allowed by learned District Judge, Bhiwani, vide judgment and decree dated 08.09.2009 and thereby, suit filed by the Plaintiffs stands dismissed. Feeling aggrieved, Plaintiffs No. 1,2 and 6 have filed the instant second appeal.;