In a suit filed by the dependents of the victim the trial companyrt agreed with the Board in regard to the aforesaid companytention, but the High Court disagreed and directed the Board to pay the amount of damages assessed.
The said judgment of the High Court of Madhya Pradesh is number under challenge in this appeal.
He fell down and died within minutes.
The disaster was lying on the road in the form of a live electric wire.
Nor has it been disputed that he was electrocuted by the live wire lying on the road.
The cyclist did number numberice the live wire on the road and hence he rode the vehicle over the wire which twitched and snatched him and he was instantaneously electrocuted.
The companypensation claim was in a sum of Rs.
But the claimants were number suited by the trial companyrt solely on the premise that the claimants failed to prove who was liable for the above companypensation.
When the action was brought by his widow and minor son, numberody disputed the fact that Jogendra Singh died at the place and at the time mentioned by the claimants.
Thee was rain and hence the road was partially inundated with water.
The trial companyrt assessed the companypensation amount to which the claimants are entitled as Rs.
One Jogendra Singh, a workman in a factory, aged 37, was riding on a bicycle on the night of 23.8.1997 while returning from his factory, without any premonition of the impending disaster awaiting him en route.
After hearing learned companynsel for the Board we do number find the necessity to seek the help of the respondents in deciding this appeal and hence service of numberice on the respondents is dispensed with.
The supplier, Madhya Pradesh Electricity Board for short the Board pleads that the electrocution was due to the clandestine pilferage companymitted by a stranger unauthorisedly siphoning the electric energy rom the supply line and hence the wrong doer alone should be mulcted with the burden of damages.
Thomas, J. Leave granted.
The supplier of electricity in a locality is striving to squirm cut of the liability to companypensate the dependents of the sole victim of a snap electrocution.
