- (1.) This is a petty case of compensation of Rs. 1200/- allowed and decreed on account of death of one she buffalo belonging to Shiv Charanlal, the respondent plaintiff, due to the touch of electricity wire.
(2.) The facts are not in dispute but, Shri H.P. Gupta, the learned counsel for the Rajasthan State Electricity Board, has vehemently submitted that the finding of negligence on the part of the employees of the appellant is wholly erroneous and deserves to be quashed in second appeal.
(3.) On a thoughtful consideration of the entire record and the submission of Shri Gupta and Shri D.L. Bardhar, appearing on behalf of the respondent plaintiff, I am of the opinion that there is no error of law committed by the courts below in coming to this finding. There is no escape from the conclusion that normally it is the duty of the Electricity Board to maintain and keep all its instrumentation including poles, their fixtures, in such a condition that the passers-by, may be human beings or chattels, on coming into contact with them are not hit by any electricity wire or exposition of the electricity. This principle can neither be disputed, it has been repeatedly confirmed in a series of decisions by the various High Courts of this country.;