- (1.)This is the first appeal filed by the defendants against the judgment and decree dated 26-4-2000 whereby the learned Additional District Judge, Neem Ka Thana, awarded a sum of Rs. 1,33,700/- with interest @ 12% per annum from 3-6-1996 till payment, as compensation.
(2.)The material facts alleged in the plaint are that, on 19-6-1996, at about 8-9 p.m., Raji Ram, aged 45 years, while returning to his village, came in contact with electric wire lying there resulting into his death at the spot. Raji Ram, on account of darkness, could not see the live electric wire. This all happened on account of negligence of the officers i.e. defendants Nos. 2 to 4, of the defendant No. 1 - the then Rajasthan State Electricity Board. The claimants are the mother, wife, sons and daughters of deceased Raji Ram. They made a claim of Rs.24,95,800/- with interest @ 25% per annum.
(3.)Vide written statement, all the averments made in the plaint were denied with a plea that on account of heavy rains, - an act of God, the Tar-top had fallen and tapepin insulator bursted and on account of that the incident took place which was beyond the control of the defendants.