VIRENDRA KUMAR MATHUR,J. - (1.) The First Appeal No. 430/2007 under section 96 CPC has been filed against the judgment and decree dated 22.05.2007 passed by learned Additional District Judge (FT) No. 1, Bhilwara in CO Case No. 42/05 while the First Appeal No. 431/2007 has been filed against the judgment and decree dated 22.05.2007 passed by the learned ADJ (FT) No. 1, Bhilwara in CO Case No. 41/05. Both the cases were filed against present appellants, claiming compensation against deaths due to electric shock, attributing negligence against the appellants. In view of this, both the appeals were tagged together and the same are being decided by this common judgment.
(2.) The facts of the case, briefly stated, are that Suit No. 42/2005 was filed by the respondent-plaintiffs claiming compensation of Rs. 11,78,800/- on the ground that deceased Keelu died due to electric shock caused by broken wires of supply line. It was alleged that the wires of electricity line broke due to negligence and carelessness of the appellant-Company. Suit No. 41/2005 was filed by the respondent-plaintiffs therein, claiming compensation of Rs. 11,16,000/- with similar allegations.
(3.) The present appellant-defendants denied the facts as alleged in the plaints and it was stated in the reply that the incident has not taken place due to negligence of the Company and hence, the appellant-Company is not liable to pay any kind of compensation. The trial court, after hearing the parties, framed as many as 4 issues and witnesses were examined from both sides. After hearing the arguments, the trial court passed the impugned judgment and decree and awarded compensation of Rs. 3,38,300/- in Suit No. 42/05 and compensation of Rs. 2,27,500/- in Suit No. 41/05, against the appellant-defendants vide judgments and decrees dated 22.05.2007.;