High Court of Punjab and Haryana, Chandigarh
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Haryana State Electricity Board and anot v. Smt.Mayawati & Anr - RSA-847-2006  RD-P&H 1180 (27 February 2006)
RSA NO.847 of 2006
DATE OF DECISION: March 3,2006
Haryana State Electricity Board and another ....Appellants
Smt.Mayawati and another
CORAM:- HON'BLE MR. JUSTICE VINEY MITTAL
PRESENT: Shri Devinder Singh, Advocate for the appellants.
Delay in making good deficiency in court fee is condoned.
The defendants Haryana State Electricity Board and another having concurrently lost before the two courts below have approached this Court through the present Regular Second Appeal.
A suit for recovery of Rs.3,00,000/- was filed by the plaintiffs claiming that Nand Lal had died on August 22, 1997, having come in contact with a live wire which was lying on the floor opposite House No.4, PWD Camp Chowk. It was claimed that Nand Lal was getting a salary of Rs.700/- per month from a Piao and was plying rickshaw from which he was earning Rs.2,000/- per month.
The plaintiffs claimed damages on account of death of aforesaid Nand Lal.
The learned trial Court decreed the suit filed by the plaintiffs. It was held that the defendants were indeed negligent in CM No.2014-C of 2006 and
keeping the live wire on the floor. It was also held that Nand Lal had died because of the aforesaid negligence of the defendants. The trial Court assessed the compensation payable to the plaintiff as Rs.75,000/-.
No appeal was filed by the defendants. An appeal was filed by the plaintiff for enhancement of the amount. The learned First Appellate Court re-appraised the entire evidence and came to the conclusion that Nand Lal's income could not be assessed less than Rs.2,700/- per month. His dependency was consequently assessed at Rs.2,000/-. A multiplier of 8 was applied and, therefore, the plaintiffs were held entitled to Rs.1,28,000/- as compensation. The appeal of the plaintiffs was thus allowed to that extent.
Nothing has been shown that the findings of fact recorded by the learned Courts below suffer from any infirmity or are contrary to the record.
No question of law, much less any substantial question of law, arises in the present appeal.
March 03, 2006 (Viney Mittal)
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