G.R.MOOLCHANDANI,J. - (1.) Challenging the validity of judgment and decree dated 22.09.1998 passed by the learned Additional District Judge, Neem Ka Thana, Sikar in Civil Suit o.43/1995, instant appeal has been filed. Facts relating to filing of the suit disclose that respondents-plaintiffs filed a damages' suit under the provisions of fatal accident claim seeking damages for Rs.16 lakhs owing to accidental demise of Smt. Sharbati W/o Shivnath and mother of rest of the plaintiffs by electrocution after coming into contact with live electricity wires, which were lying spread in the field, while deceased was going for attending natural call. FIR No.161/1994 was also lodged, which was inquired upon under the provisions of Section 174 Cr.P.C.
(2.) The appellant-defendant Electricity Board denied contentions raised in the suit and pleaded non-negligence and prayed for dismissal of the suit.
(3.) Going through the pleadings, the learned trial court framed three issues:- "(i) Whether Smt. Sharbati died of electrocution on 15.09.1994 because of recklessness of defendant? (ii) Whether plaintiffs are entitled to receive a compensation of Rs.16 lakhs from the defendants? (iii) Relief.";