Punjab State Electricity Board vs Parkash Kaur alias Parkasho

T.H.B. Chalapathi, J.—This appeal is directed against the decree and judgment of the learned Additional District Judge, Gurdaspur in Civil Appeal No. 263 of 1996 dated 29.10,1997.

The respondents-plaintiffs filed the suit claiming damages of Rs. 2 lacs due to the death of Amar Nath as a result of electrocution. According to the plaintiffs, on 9.9.1987 a live electrical wire from the pole was lying on the ground and the deceased, who was passing over the street, came into contact with the live wire and he was electrocuted and died on the spot and the defendants-appellants namely the Electricity Board and its officers were found negligent and, therefore, they are liable to pay damages for causing the death of Amar Nath.

According, to the defendants the suit is not maintainable as the plaintiffs have not made any application for compensation. Further according to them, an over-loaded truck broke the live transmission Sine while passing under it and, therefore, the earth wire touched one of the live phases of the transmission line and the deceased Amar Nath came into contact with the broken earth wire and might have died due to electrocution, but not due to the fault of the defendants.

On the basis of the pleadings, the trial Court framed appropriate issues and on a consideration of the evidence on record, awarded a sum of Rs. 2 lacs as compensation to the plaintiffs. The appeal filed by the Electricity Board and its Officers was also unsuccessful. Hence the second appeal.

The evidence on record clearly shows that the live transmission line was broken and the deceased who was passing under it came into contact with an electric wire which was hanging in the street and as a result, he was electrocuted. It is also on the record that the Sarpanch of the village informed the defendants regarding the broken wire, but the defendants did not take any action on his complaint. There is nothing to disbelieve the evidence of PW-1 who is the Sarpanch of the Village. There is also in evidence that while the deceased Amar Nath was passing on the street he came into contact with the electrical wires lying on the street. Nobody would expect that the electricity was passing in the naked wire which was lying on the ground.

On a consideration of the evidence on record, I am of the opinion that the death of Amar Nath was due to the negligence of the defendants, who allowed the live wire lying on the road and the death of Amar Nath took place due to negligence of the defendants. Keeping in View the age of the deceased and his income, both the courts below assessed the damages at Rs. 2 lacs. It is purely a question of fact. It is not shown that the assessment made by the Courts below is in any way incorrect and unjust. I do not find any ground warranting interference with the same.

The appeal, therefore, fails and is accordingly, dismissed.