DEEPAK MAHESHWARI,J. - (1.) This Civil First Appeal has been preferred against the judgment and decree dated 9th January, 2015 passed by learned Additional District Judge, Churu camp Sardarsahar in Civil Original Suit No. 41/2013 (60/2012) whereby, the learned trial Court awarded a sum of Rs.60,000/- as compensation to the plaintiff-respondent along with interest amount @ 9% per annum to be paid from the date of filing of the suit, i.e., 28th August, 2012 till realization of the amount.
(2.) No-one has come forward to argue the appeal on behalf of the appellants despite the name of Mr. K.V. Vyas is shown in the cause list as learned counsel for appellants.
(3.) In the memo of appeal, it has been averred that the judgment and decree impugned is based on no legal evidence. The substantial evidence has been altogether ignored by learned trial Court. Learned trial Court has failed to comply with the law applicable in regard to the suit for damages. Compensation of Rs.60,000/- has been awarded in absence of any evidence to this effect. It has also been averred that the notice was required to be served under Section 161 of the Indian Electricity Act which has not been given in this case. The plaintiff/respondent was entitled for ex-gratia compensation only but this aspect has been ignored by the learned trial Court. In view of above, the impugned judgment and decree is not sustainable in law and, therefore, the same is liable to be quashed and set aside.;