Law: Fatal Accidents Act, 1855

Section: 1

Fatal Accidents Act (XIII of 1855)-------S. 1---Fatal accident---Claim for compensation---Respondent, the husband of the deceased had alleged that accident had taken place due to negligence of appellant (Electric Supply Company) in maintaining electric wire in proper form---Court accepting claim of respondent held the appellant liable and awarded compensation to the respondent---Appellant had failed to prove that accident had taken place because an unauthorized connection was taken from the electric pole by the organizers of marriage party which was attended by deceased---Appellant was required to maintain electricity wire in proper shape and take appropriate measures to prevent accidents---Guard wires were required to be installed in every electric pole to ensure that whenever live wire would fall its effect was neutralised, but no explanation Was available on the part of appellant for non-existence of guard wires---Appellant, in circumstances, was tightly held liable and compensation was rightly awarded to respondent. ORDER This appeal is directed against a judgment of a learned Single Judge awarding compensation to the respondent No. l in the amount of Rs'.3,78,600 under the fatal accident case on account of the demise of his wife Akhtar Sultana. Basically the admitted position appears to be that on 9-5-1991 the deceased who had gone to attend a marriage party in White House Health Club, Landhi was electrocuted as live wire from a pole maintained by the appellant fell upon her. The respondent alleged that such accident took place due to negligence of the appellant to maintain the wire in proper form whereas the appellant denied their liability. The learned Single Judge held the appellant liable and awarded compensation to the extent of Rs.3,78,600 as against the…

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