CASE BRIEF

ASHA DEVI VS STATE AND BRPL

PLANTIFF
Under this case on 02.03.2012 Shambhu was engaged in doing labor/Mason work at
the time of the incident deceased Shambhu was working at RD-270 B, Dharampura
New Delhi and at the roof of the aforesaid property top holding iron rod in the hands and
came in contact with naked live wire passing over the roof and fallen on ground. He was
declared dead by the doctors. Late shambhu several times complained to defendant
and requested her to change the wire but no action was taken by the defendant. The
present suit filled by the wife of the deceased. He use to earn Rs.300 per day beside he
is also having other income was Rs.10000 per month. The entire family was dependent
upon the income of the deceased and they not having any other source of income. It is
respectively prayed to award a degree of compensation of Rs.1000000 along with
interest of 18% p.a. from the death of the deceased till its realization to the plaintiff in
the interest of justice.

DEFENDANT
Under this case the defendant states that the claim of plaintiff is not bona fide and the
main objective of plaintiff is to harass the defendant no 2 which is causing loss of
business .The defendant is not responsible for that incident because authorized
construction work was going on aforesaid property and the owner of the property and
deceased are responsible for the same. They were not responsible as there is no
complained received about fault of service line. The defendant has a public policy of
insurance from m/s Reliance Insurance which will be liable for such type of case. The
plaintiff have no cause of action against the defendant and hence the suit filed by him
and is not maintainable in the eye of law and hence should be dismissed under Order 7
Rule 11 read with 151 CPC in limine with heavy costs upon the Plaintiff.

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