IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.1115 of 2007 (O&M) Date of decision: 16th December, 2008 Haryana Vidyut Prasaran Nigam Ltd. and another … Appellants Versus Smt. Gurcharan Kaur and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Narender Hooda, Advocate for the appellants. Mr. R.P.S. Ahluwalia, Advocate for respondents No.1 to 4. KANWALJIT SINGH AHLUWALIA, J. (ORAL) A suit for recovery was instituted by mother, widow, minor son and minor daughter of one Amarjit Singh against Haryana Vidyut Prasaran Nigam Ltd. and Sub Divisional Officer, Sub Division No.1, Haryana Vidyut Prasaran Nigam Ltd., Ambala Cantt. on the ground that on 29th September, 1988 at about 2.00 p.m., Amarjit Singh and his brother went to their fields to check their paddy crop and when Amarjit Singh was inspecting his fields, he fell down into the fields, which attracted his brother Sukhwinder Singh, who was at his tubewell at some distance. Sukhwinder Singh rushed to the spot and found Amarjit Singh lying in the fields of paddy and he was snapped to a live electric wire and was suffering from an electric shock. Sukhwinder Singh immediately rushed to the transformer and had cut the line of said electric wire. One Jagir Singh son of Sunder Singh also came at the spot. Amarjit Singh was taken for admission to the Civil Hospital, Ambala Cantt for medical treatment, but he died before he could reach Civil Hospital, Ambala Cantt. Autopsy was conducted. DDR No. 27 dated 29th September, 1998 was recorded at the Police Station. A suit was filed seeking compensation of Rs.5.00 lacs against the defendants. Regular Second Appeal No.1115 of 2007 (O&M) Notice was issued. Written Statement was filed and preliminary objections regarding maintainability of the suit, same being bad in view of the provisions of Indian Electricity Act and Indian Electricity Supply Act were raised. Locus standi and cause of action on the part of the plaintiff was disputed. It was also denied that Amarjit Singh was earning Rs.12,000/- per month. On merits, it was further denied that the high voltage wire was crossing through the fields or the same was under control or inspection of the defendants. In the suit, issues were framed. Trial Court concluded that there was a negligence on the part of the Electricity Board and Amarjit Singh has died because of electrocution. Trial Court awarded Rs.3.00 lacs as compensation. Counsel for the appellants states that claim of Rs.3.00 lacs, as granted, was accepted by the appellants and no appeal was filed. Plaintiff claimant had preferred an appeal for enhancement and Rs.5.00 lacs have been granted. Counsel states that deceased was 27 years old, survived by two minor children, widow and mother and the Court, taking into consideration the unit system, applied multiplier of 18. Counsel further states that multiplier applied was excessive. Appellate Court below has appreciated the evidence and taking into consideration the unit system, has rightly applied multiplier of 18. Therefore, no interference is warranted in present regular second appeal, as no substantial question of law arise and the findings of the appellate Court below cannot be said to be perverse. Hence, the present regular second appeal is dismissed. [KANWALJIT SINGH AHLUWALIA] JUDGE December 16, 2008 rps 2