JAINENDRA KUMAR RANKA,J. - (1.) Instant first appeal is directed against judgment & decree dt 28.9.1999 whereby the suit filed by the plaintiff respondents has been decreed in part.
(2.) Brief facts noticed are that on 28.8.1998 at about 8:00 AM plaintiff Kurdaram and his son Kishore Kumar were going to their agricultural field in village Gungara (Sikar). Kundraram was behind his son Kishore Kumar and when they reached near the well in their agricultural land, where exists a stray wire to support the electric wire pole, and as soon as Kishore Kumar unknowingly held that stray wire he got electrocuted as current was flowing in it. Kundraram, seeing his son electrocuted, tried to save Kishore Kumar out from the stray wire due to which he also received electric current. Kishore Kumar became unconscious and hearing cries/screams of Kundraram, Shishupal rushed to the place of incident and took injured Kishore Kumar and Kundraram to Kalyan Hospital, Sikar, where Kishore Kumar breathed his last.
(3.) Plaintiffs being father, mother and wife of deceased Kishore Kumar, filed the present suit against the defendant appellants claiming compensation for the alleged negligence of the appellants. It is claimed in the plaint that Kishore Kumar, aged 16 years, was a student and doing agricultural work with a monthly income of Rs. 5000/-. It was also claimed in the plaint that the amount spent in his medical treatment and performance of last rites is Rs. 50,000/-, and Rs. 6,00,000/- has been claimed by the plaintiffs for mental and physical agony suffered by the family members/plaintiffs and in all Rs. 28,20,000/- has been claimed by the plaintiffs from the appellant department.;