AMARESH KUMAR SINGH, J. - (1.) HEARD the learned Counsel for the parties.
(2.) THIS appeal is directed against the judgment and decree dated 22.7.1998 passed by the learned Additional District Judge, Bali in Civil Suit No. 53 of 1992 decreeing the plaintiffs' suit for Rs. 1,15,000/- with interest at the rate of 18% per annum from the date of institution of suit till the date of realisation. The facts leading to this appeal are summarised as under : The plaintiff-respondents filed the civil suit No. 53 of 1992 in the Court of learned Additional District Judge, Bali. According to the averments made in the plaint, the plaintiffs were dependent upon deceased Jor Bharti, who used to cultivate the fields of Vardha Bharti. The defendants had installed electric pole in the agricultural field belonging to Vardha Bharti. The electric lines were running over the field. In the first week of August, 1992, an electric wire was broken and it fell on the ground. An information was given to the Lineman Megha Ram and he went on the spot. He told that the broken wire was 'earth wire' and the same did not pose any danger. No action was taken by the defendants for repairing the broken wire. On 10.8.1992 at about 5.30 p.m. when Jor Bharti went to his field to take his bullocks, he came into contract with broken earth wife, which was lying in the field. He received electric shock and died.
(3.) THE First Information Report was lodged at the police station, Rani on 11.8.1992 at 1.00 A.M. by one Dhanna Ram. An inquiry under Section 174 Criminal Procedure Code was conducted by the Police Officer and he inspected the site and prepared site inspection note.;