IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No. 491 of 2009 Date of decision: 28.1.2009 Punjab State Electricity Board through its Chairman at Patiala and others … Appellants. Versus Manjit Kaur and others … Respondents Present: Ms. Puneet Kaur Sekhon, Advocate, for the appellants. … ARVIND KUMAR, J: Appellants before this Court are the defendants, who have concurrently lost before the Courts below whereby the suit of the plaintiffs under Order 33 rule 1, Code of Civil Procedure, in forma pauperis for recovery of Rs. three lacs as compensation from the defendants as damages, on account of death of Bakshish Singh due to electric shock from the loose electric wire, has been decreed. On the morning of 31.10.1999, Bakshish Singh-deceased who was working as Thathera at the Brick Kiln of M/s Jai Gram Udyog Industries,village Jhallari, Tehsil Baba Bakala, District Amritsar, was going to the brick kiln when an electric wire fell on him and due to electric shock, he died at the spot. The present suit was brought by his widow, two minor daughters and minor son with the plea that the death of the deceased was caused due to gross negligence on the part of the Defendant-Board since the electric wire was not properly maintained by its officials. An FIR to that effect was also lodged with the police. Post-mortem too was got conducted. It was claimed by the plaintiffs in the suit that for this loss caused due to negligence on the part of the defendant-Board, they are liable to pay to the plaintiffs the compensation or damages under the provisions of the Indian Fatal Accident Act. Upon notice,the defendants contested the suit. Trial Court on appreciation of the evidence adduced by the parties, vide judgment and decree dated 20.1.2007 decreed the suit of the plaintiffs for an amount of Rs.2 lacs as compensation along with interest at the rate of 6 per cent per annum on the decretal amount from the date of filing of the suit till RSA No. 491 of 2009 -2- realization of the decretal amount. Appeal preferred by the defendants against the said judgment and decree was dismissed by the first appellate Court vide judgment and decree dated 5.11.2008. Hence, the present appeal by the defendants. The Courts below while decreeing the suit of the plaintiffs, have observed that PW-3 Bikkar Singh, an eye-witness to the accident, has stated that the wire was lying on the earth and his statement is sufficient to prove that Bakshish Singh died due to electric current. It was the duty of the Electricity Board to maintain the electric wires. The plea of the defendant-Board that the accident is not on the sketch line of the Board but Surjit Singh etc. were taking wrong supply from the tube-well of Sadha Singh for domestic use by using their own defective wire without the knowledge of the Board which they tried to prove through the statement of DW-1 Gian Singh Sandhu who appeared and proved notice Ex. DW1/1 given to Surjit Singh, did not find favour with the Courts below and it has been held that the said notice is of no consequence, the same having been issued much after the date of occurrence which took place on 31.10.1999. The Courts below have further observed that even if the said plea of the defendants is accepted, then also the negligence on the part of the Electricity Board cannot be overlooked since it was the sole responsibility of the Electricity Board to check the theft of electric energy. There is no evidence that there was no negligence on the part of the defendant-appellants. While coming to this conclusion, the Courts below have noticed a judgment in Rajasthan State Electricity Board and others v. Smt. Pani Bai and others, 2001(1) Civil Court Cases 370. Nothing has been shown that the findings of fact so recorded by the Courts below suffer from any infirmity or are contrary to the record. No question of law, muchless substantial, arises in the present appeal. Consequently, the appeal being without any merit is hereby dismissed. January 28, 2009 ( ARVIND KUMAR) JS JUDGE