A.K.SINGH, J. - (1.) HEARD the learned Counsels for the appellants and respondents.
(2.) THIS appeal is directed against the judgment dated 2nd November, 1998, passed by the Additional District Judge, Bali, in Civil Suit No. 94/99 decreeing plaintiff's suit for Rs. 2,17,000/- with the interest at the rate of 18 per cent per annum from the date of institution of the suit to the date of realisation. The facts of the case may be briefly summarised as follows : the plaintiffs-respondents filed a civil suit under Section 1-A of the Fatal Accidents Act in the Court of Additional District Judge, Bali, with the prayer that a sum of Rs. 7,00,000/- be awarded as compensation. According to averments made in the plaint, Rainga earned his livelihood by agricultural labourer. He was cultivating the field of Chhoga Ram at Bera Dedawa. The defendants has installed an electric line over the said Bera and electric pole had been installed in the agricultural field of Bera Dedawa. A supporting wire was also installed with the electric pole. On 12.6.1994 at about 3.30 p.m. as soon as Rainga Ram came into contact with supporting wire of the electric pole, he received an electric shock and by the time he could be separated from the electric wire, he died. Thereafter the father-in-law of Rainga Ram and some other persons reached the spot and separated Rainga Ram from the electric wire.
(3.) THE accident was reported at the police station Bali and an inquiry under Section 174 of the Code of Criminal Procedure was conducted. The panchnama as well as other papers were prepared during the inquiry. Post mortem examination of Rainga Ram was conducted and it was found that he died due to electric shock which he received by coming into contact with a supporting wire attached to electric pole.;