There was no negligence on their part but non-claimants: Rajasthan High Court
Case Title: Satyapal S/o Kishorilal & Ors. versus Jaipur Vidyut Vitran Nigam Ltd & Anr.
Case No.: S.B. Civil First Appeal No. 85/2012
Decided on: 11/07/2023
Coram: HON’BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Facts of the case:
The application filed by the claimants for compensation under Fatal Accident Act, 1855 has been dismissed.
Claimants submit that learned court below has not appreciated the evidence and wrongly dismissed the claim petition filed by the claimants. The claimants also submit that it is an admitted position that deceased Dinesh Kumar died due to electric current.
The postmortem report as well as oral evidence was led by the claimants also supported the factum of death of Dinesh Kumar. The claimants also submits that on the principle of “strict liability”, it was the duty of the respondents (for short ‘non-claimants’) to prove that there was no negligence on their part but non-claimants had not submitted any cogent evidence to this effect.
The claimants also submits that as per the evidence, insulator was not put on the wire. So, Diensh Kumar died due to electrocution.
Appeal filed by the claimants be allowed and order of the learned court below be set aside.
Judgement:
Deceased Dinesh Kumar lifted a steel pipe and steel pipe got touched with the electric line and he was electrocuted, so, he died. The learned court rightly dismissed the claim petition filed by the claimants. So, the present appeal being devoid of merit, is liable to be dismissed, which stands dismissed accordingly.
Analysis:
That deceased died due to electrocution and claimants failed to prove that non-claimants were negligent. As per the evidence led by the non-claimants, no electric wire was broken and there was no flow of current in the stag wire and no complaint was ever lodged about negligence of the non-claimants.
“PRIME LEGAL is a full-service law firm that has won a National Award and has mre than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by: Mahima Saini