JUDGEMENT
Narendra Kumar Jain, J. -
(1.) Heard the
learned counsel for the appellants.
(2.) This appeal on behalf of the plaintiffs
under section 96 of the Code of Civil Procedure, is directed against the judgment
and order dated 16.11.2006 passed by the
Additional District Judge (Fast Track) No.
2, Ajmer, Camp at Beawar in Civil Suit
No. 112 of 2005 (219 of 2004), whereby
the learned trial court dismissed the suit of
the plaintiffs for compensation under the
provisions of Fatal Accidents Act, 1855
(hereinafter shall be referred to as 'the
Act, 1855').
(3.) Briefly stated the facts of the case
are that the plaintiffs-appellants filed a suit
for compensation on 24.2.2004 under the
provisions of the Act, 1855, against the
defendants in the trial court, wherein it
was pleaded that the defendant No. 3,
Chhotu Singh, s/o Gheesa Singh had an
electricity connection at his well from the
defendant Nos. 1 and 2. In the night of
17.3.2000, one Mangi Lal went to the well
of defendant No. 3 to bring water therefrom
in his tanker and there he received electric
shock and died. It was also pleaded that the
incident took place because of negligence
on the part of the employees of defendant
Nos. 1 and 2. A first information report
No. 46 of 2000 was also lodged at Police
Station, Bhinaya. The police after completion of investigation filed a challan against
defendant No. 3. At the time of his death,
the deceased was 25 years of age and was
a skilled driver, earning Rs. 4,000 per
month with daily allowance of Rs. 50. The
plaintiff Nos. 1 and 2 are parents and the
plaintiff No. 3 is younger minor brother of
deceased. The plaintiffs claimed total compensation of Rs. 22,00,000 with interest at
the rate of 18 per cent per annum.;
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