Dr. Vineet Kothari, J. - (1.) THIS first appeal is arising out of the judgment and decree dated 19.05.2005 passed by the learned Additional District Judge, Nathdwara in Civil Original Case No. 25/2002 Smt. Kailash Kunwar & Ors. vs. Mangi Lal & Ors. whereby, the claim petition filed by the legal representatives of the deceased Government servant was allowed and the award of compensation of Rs. 4,59,205/ - was passed in favour of the claimants. The present first appeal has been filed by the appellant -defendant Ajmer Vidyut Vitran Nigam Limited ('AVVNL') against the aforesaid judgment and award dated 19.05.2005.
(2.) ON the perusal of the record, it is noticed that the Court below has awarded the compensation of Rs. 4,59,205/ - in favour of the claimants on account of death of Laxman Singh, a police constable, on 07.07.2002 when he was on duty and chasing certain thief or other unsocial elements on the midnight of the said date 07.07.2002 when he ran over the naked power supply wires and on account of electrocution, the police constable lost his life. The claim petition (No. 25/2002) has been filed under the provisions of Fatal Accidents Act to the extent of Rs. 20,70,000/ - by the legal representatives of the deceased police employee Laxman Singh, comprises his widow Smt. Kailash Kunwar, two daughters, Sarita and Mamta, one son, Mahendra Singh, father of the deceased, Ratan Singh and mother of the deceased, Smt. Kaisar Kunwar. After discussing the entire evidence led before the learned Court below, the learned Trial Court has decided the main issues in favour of the claimants and on the basis of the monthly salary of the deceased Government servant Laxman Singh, determined the total compensation of Rs. 8,40,616/ - but after deducting Rs. 4,56,411/ - received by the claimants out of Police Welfare Fund, State Insurance etc., the balance amount of Rs. 3,84,205/ - along -with a sum of Rs. 75,000/ - on account of loss of companionship in favour of the widow, thus, a total compensation of Rs. 4,59,205/ - was arrived at by the learned Trial Court to be paid to the legal representatives of the deceased Government servant Laxman Singh.
(3.) THE learned counsel Mr. Ravi Bhansali appearing for the appellant AVVNL argued that the power supply wires had fallen on the street on account of sudden short -circuit at the mid of the night on 07.07.2002 and, therefore, there was no negligence or tortuous liability on the part of the appellant AVVNL to give any compensation to the legal representatives of the deceased Government servant, a police constable on account of the death of the said person.;