IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

CIVIL APPLICATION NO.______OF 2019

(FOR STAY)
IN
SECOND APPEAL NO._____ OF 2019

DISTRICT: PUNE

1. Maharashtra State Electricity Transmission Co. Ltd.,)

Through the Executive Engineer, )
Having its office at: New Parvati )
Sub-Station Compound, )
Survey NO.121,Deepak Nitrate Company, )
Sinhagad Road,Parvati,Pune-411 030. )…..APPELLANT
(ORI.DEFENDANT)
VERSUS

1. Milind Madhukar Wagh )

Age:47 Years, Occupation:Advocate )

2. Mrs.Mrunal Milind Wagh )

Age:41 Years,Occupation: Housewife, )
Both Residing at:Ahireshwar Krupa, )
Plot No.1 and 2 S.No.9,Vishakha Society, )
Vedant Nagari,Karve Nagar,Pune-411 052. )
…..Respondents
(Ori.Plaintiffs)
TO

THE HON’BLE THE CHIEF JUSTICE AND THE

OTHER PUSINE JUDGES OF THE HON’BLE

HIGH COURT OF BOMBAY

THE HUMBLE APPLICATION OF

THE APPLICANTS ABOVENAMED

MOST RESPECTFULLY SHEWETH:

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1. The Applicant has filed the aforesaid appeal which is pending for

hearing and final disposal. The Applicant is the original defendant in

the Special Civil Suit No. 980 of 2008.The Respondent No.1 and 2

are the original Plaintiff in the Special Civil Suit No. 980 of 2008 and

the Said Suit was filed by the Respondents for the Claim of

Compensation of Rs. 12,00,000/- in the Court Learned 6th Joint Civil

Judge Senior Division,Pune.

2. The Applicant is engaged in transmission of electrical power from

one place to electricity distribution licensee as per the provisions of

Electricity Act, 2003. The applicant states that the electricity line

was constructed by erstwhile Maharashtra State Electricity Board in

1968. The applicant states that high tension lines were laid as per

the condition mentioned in the Electricity Rules, 1956 and The

Electricity Rules, 2005 in order to transmit electricity from one place

to another. The applicant had erected electricity transmission line

of 132 KV between Kothrud and Fursungi as per the Electricity

Rules, 1956.

3. The Applicant states the Applicant has been maintaining all the

horizontal and vertical clearance and appropriate permissions as

per the law and the applicant has obtained all necessary

permissions and approvals from the independent Competent

Authority i.e. Electrical Inspector. Moreover, the applicant states

that since 1968 of high-voltage line is working in good condition as

same has been properly maintained after observing all safety

measures as laid down by the law. Consequently no accident

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occurred regarding the said High Tension Line till date except

accident occurred on 09/09/2007.

4. The Applicant states that on 09th September 2007 two sons of

plaintiffs were playing along with their Cousin Ashwin on the

terrace of the building where plaintiffs reside and on account of

electrocution accident plaintiffs both sons expired.

5. The applicant states that the said building where accident occurred

was constructed in the year 2000. Initially, the said building was

unauthorized and later same came to be regularized in the light of

Regulation Certificate dated 22/01/2003.

6. The applicant states that on 9th September 2007 after the

occurrence of the accident Electrical Inspector carried out

investigation and enquiry as per the provisions of the Electricity Act,

2003 and the Electrical Inspector after inspecting accidental spot of

occurrence and after scrutinizing all necessary permissions and

clearances as per the law the Said electrical Inspector came to

conclusion that the defendant/the applicant was not at fault and

accordingly submitted inspection report dated 09/09/2007 and

thereby came to conclusion that the defendant/the applicant is not

responsible for occurrence of accident and there is no negligence

on the part of the applicant and noted that deceased children were

playing with the conductive rod and the accident occurred due to

arching because of entry of the said rod into the “Induction Zone”

of the said high tension line . Moreover, there sufficient instances

which shows that existence of the rod at the accident spot and on

account of the same dent occurred and noticed on the adjacent wall
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which clearly shows that there was something conducting material

was in the hands of deceased children. Hereto annexed and marked

as EXHIBIT A is a copy of Inspection report dated 09/09/2007

prepared by Electrical Inspector, Department of Industry, Energy

and Labour, Pune.

7. The Applicant states that there is no negligence on the part of the

appellant and there was no sparking due to contact of the two or

more high tension wires erected by the applicant and hence there

was no negligence on the part of the Applicant and hence the

Applicant is not liable to pay any compensation to the Plaintiffs.

8. The Applicant states that on 13/06/2008 the Plaintiffs filed Special

Civil Suit No. 980 OF 2008 and thereby claimed damages of Rupees

12,00,000/- including the medical charges. However, the Applicant

filed written statement and denied the claim of the plaintiffs on the

ground that there is no negligence on the part of applicant and the

accident occurred on account of deceased children put conductive

rod in the induction zone therefore the said accident occurred and

hence denied the claim of plaintiffs.

9. The applicant states that on 29/08/2011 learned Sixth Joint Civil

Judge Senior Division Pune in the light of judgment and order was

pleased to decreed the suit partially with cost and thereby the

applicant was ordered to pay Rupees 8, 58, 374/-the plaintiff No.2

along with interest at the rate of 6 Percent per annum from the date

of filing of the suit till realization of deceretal amount.

10. Being aggrieved by the aforesaid Judgment and order dated

29/08/2011 passed by learned Sixth Joint Civil Judge Senior

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Division,Pune in Special Civil Suit No. 980 of 2008 , the Applicants –

original defendant on 14/09/2012 preferred an appeal being

Regular Civil Appeal No. 270 of 2016 in the Learned Court of District

Judge, Pune at Pune challenging legality and appropriateness of

judgment and decree dated 29/08/2011 in Special Civil Suit No. 980

of 2008 passed by learned Sixth Joint Civil Judge Senior

Division,Pune and in the light of judgment and order dated 8th May

2018 the Learned Court of District Judge, Pune at Pune was pleased

to dismiss the appeal with cost and thereby impugned decree

passed in Special Civil Suit No. 980 of 2008 dated 29/08/2011

passed by learned 6th Joint Civil Judge, Senior Division Pune was

confirmed and therefore being aggrieved and dissatisfied by the

judgment and order dated 8th May 2018 the Learned Court of

District Judge, Pune at Pune applicant has filed above-mentioned

appeal before this Hon’ble High Court on the various grounds which

are mentioned in memo of abovementioned Second Appeal. The

Applicant is the original respondent preferred the aforesaid Second

Appeal before this Hon’ble court and the same is pending for

hearing and final disposal.

11. The Applicant states that on______the Applicant has already

paid an amount of Rupees___________________ under protest to

the Plaintiffs in order to avoid further multiplicity of proceedings

and in the light of present second appeal the applicant had

challenged legality and appropriateness of judgment and order of

court below.
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12. The Applicant states that the learned trial court as well as first

appellate Court failed to appreciate that the plaintiff failed to

discharge initial burden in respect of negligence on the part of the

applicant. Moreover, the quantum of compensation awarded to the

plaintiffs are contrary to the settled principle of law and therefore

being aggrieved and dissatisfied by judgment and order passed by

court below the Hon’ble Court may kindly in the interest of justice

to grant stay of execution, implementation and operation of the

Impugned Judgment and Decree dated 8th May 2018 passed by the

Learned Court of District Judge-7, Pune in Civil Appeal No. 270 OF

2016 below EXHIBIT NO.12 and Judgment and Decree dated

31.08.2012 passed by the Learned 6th Joint Civil Judge Senior

Division ,Pune in Special Civil Suit No.980/2008 below EXHIBIT NO.

65.

13. The Applicant has approached this Hon’ble Court as expeditiously

as possible and there is no delay. However, if this Hon’ble Court

comes to the conclusion that there is delay the same may kindly be

condoned in the interest of justice and the matter be heard on

merits.

14. The Applicant has an excellent case on merits and hope to

succeed in the same. If the prayers as prayed by the Applicants are

not granted grave and irreparable loss would be caused to the

Applicant which cannot be compensated in terms of money and

the Applicant without any fault on their part may likely to stigma

of the negligence on their part. The respondents would reap the

fruits of their own wrong and would not be prejudiced in any

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manner whatsoever if this Hon’ble Court grants stay to the

execution of the impugned Judgment and Order. However the

Applicants would suffer adversely for no default on their part. It

would also be appropriate and in the interest of justice to quash

and set aside the Judgment and Decree dated 8th May 2018 passed

by the Learned Court of District Judge-7, Pune in Civil Appeal No.

270 OF 2016 below EXHIBIT NO.12 and Judgment and Decree

dated 31.08.2012 passed by the Learned 6th Joint Civil Judge Senior

Division ,Pune in Special Civil Suit No.980/2008 below EXHIBIT NO.

65.

15. The Applicants, therefore prays that :

a. Rule be issued;

b. That pending the hearing and final disposal of the Second

Appeal the Judgment and Decree dated 8th May 2018

passed by the Learned Court of District Judge-7, Pune in

Civil Appeal No. 270 OF 2016 below EXHIBIT NO.12 and

Judgment and Decree dated 31.08.2012 passed by the

Learned 6th Joint Civil Judge Senior Division ,Pune in

Special Civil Suit No.980/2008 below EXHIBIT NO. 65 be

quashed and set aside;

c. that pending the hearing and final disposal of the Second

Appeal the execution, implementation and operation of

the Judgment and Decree dated 8th May 2018 passed by

the Learned Court of District Judge-7, Pune in Civil

Appeal No. 270 OF 2016 below EXHIBIT NO.12 and

Judgment and Decree dated 31.08.2012 passed by the

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Learned 6th Joint Civil Judge Senior Division ,Pune in

Special Civil Suit No.980/2008 below EXHIBIT NO. 65 be

stayed;

d. interim and ad-interim reliefs in terms of prayers (b) and

(c);

e. for costs of this application; and

f. for such further and other reliefs as the nature and

circumstances of the case may require;

AND FOR THIS ACT OF KINDNESS THE APPLICANT AS A DUTY

BOUND SHALL EVER PRAY.

Mumbai

Dated: ___ .06.2019

Advocate for the Applicant

Applicant

VERIFICATION

I, ____________________, _____ of the Applicant abovenamed,

do hereby solemnly declare and say that what is stated in foregoing

paragraphs of the Civil Application is true to my own knowledge,

information and belief and I believe the same to be true.

Solemnly declared at Mumbai ]

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This day of June 2019 ]

Before me,

Identified by me :

Advocate for the Applicant