IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RSA No. 392 of 2009. Date of decision: 15.10.2009 H.P.S.E.B. …. Appellant Versus Sh.Khub Dass and anr. ….. Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting ? No For the appellant: Shri Baldev Singh, Advocate. For the respondents: Sh.Dibender Ghosh, Advocate. _____________________________________________________ Deepak Gupta, J.(Oral) This Regular Second Appeal is directed against the judgment of the learned District Judge, Shimla passed in Civil Appeal No.76-S/13 of 2008 dated 21.3.2009 whereby he rejected the appeal filed by the Himachal Pradesh State Electricity Board against the judgment and decree passed by the learned Civil Judge (Senior Division), Shimla in Civil Suit No.138-1 of 2005/04 dated 18.10.2008 awarding a sum of Rs.3,50,000/- as compensation to the claimants alongwith interest @ 9 per 2 cent per annum from the date of filing of the suit till realization of the amount. Briefly stated the facts of the case are that Inder Singh who was about 16 years of age was electrocuted when he came in contact with an electric wire of 15 K.V H.T Line. The claimants who are the parents of the deceased filed a suit claiming the damages of Rs.3,50,000/- on the ground that the High Tension Electric Wire had fallen on the branches of the trees and Inder Singh came into contact with the said live wires and died due to electrocution. According to the plaintiffs, the live wires were passing at a height of 15-20 feet above the ground level and the branches of the trees were touching the said electric wires. It is alleged that the accident occurred due to the negligence of the Board in not properly maintaining the High Tension electric wires. The suit was contested by the defendant and various objections were raised. According to the defendants, the proper norms had been followed and there was a clearance of not less than 20 feet. It was denied that the branches of the trees were touching the 15 K.V H.T Line. Both the courts below have come to the conclusion that the accident occurred 3 due to the fact that the wires were very close to the trees and held the Electricity Board negligent in this regard. Damages of Rs.3,50,000/- have been awarded in favour of the parents of the deceased. This has given rise to the present appeal. The only questions involved are whether the electrocution occurred due to the negligence of the Electricity Board and what compensation is to be awarded in this case. Both these questions are pure questions of fact and not questions of law. Even otherwise, I find that the Board is placing reliance on the statement of DW/1 who prepared a report about nine months after the electrocution had taken place. Admittedly on the date when the electrocution took place, a team consisting of an official of the Electricity Board and revenue officials had visited the spot and a report was prepared. This report was never produced in court. This report was prepared on the date when the electrocution took place and would have reflected the correct position. Since this report is in the possession of the Board and has been withheld, adverse inference has to be drawn against the Board. 4 The amount of compensation granted is reasonable. In this case, compensation is not to be awarded like in the Motor Vehicles’ case. This is a suit for damages and not a claim for compensation under the Motor Vehicles Act. In a suit for damages, the Court would have been justified to grant the amounts which are not payable under the Motor Vehicles Act. Even exceptional damages can be granted in a civil suit. The method followed by the courts below is strictly in accordance with the judgment of the Apex Court delivered in Lata Wadhwa and others Vs. State of Bihar and others 2001 (8) SCC 197. Therefore, I find no reason to interfere with the judgment of the court below. No question of law much less a substantial question of law arises in this appeal, which is dismissed accordingly. No order as to costs. October 15, 2009 ( Deepak Gupta ) (m) Judge