JUDGMENT 1. - Instant appeal has been filed against the judgment and decree dated 18.12.1985 passed by learned District Judge, Tonk in Civil Suit No. 13/83 whereby he decreed the suit of the plaintiff-respondent for compensation of a sum of Rs. 6,000/-. 2. The brief facts necessary for just decision of the case are that the plaintiff-respondent filed a suit for compensation for a sum of Rs. 10,100/- in the learned trial Court against the defendant-appellants wherein it was pleaded by him that the defendants have provided electricity facility in village Banthli, District Tonk. There was electric wire line in the village. Electric Wire lines are required to be connected on the poles after using insulator. Due to use of insulator electricity effect is prevented to poles as well as stay wires used to keep the poles straight. It was pleaded that two she-buffaloes belonging to the plaintiff-respondent were going on to drink water in the well, but due to touch of electricity connection running to a pole and stay wire both were electrocuted and died on 12.6.1983. It was also pleaded that due to the axgilence on the part of officials of the Rajasthan State Electricity Board (in short RSEB) both plaintiff's she-buffaloes died. The aforesaid tragedy occurred due to non user of insulator by defendants. It was further pleaded that the plaintiff had suffered a loss of Rs. 10,100/- due to electricution of his two she-buffaloes. 3. The defendant-appellants filed a detail written statement denying the allegations made in the plaint. It was stated that there was no negligence at all on the part of defendants. The stay wires are used only to keep pole straight and the main poles are always insulated with the line wire. It was further stated that it was not necessary to fix insulator in stay wires in all the places. The plaintiff never informed the defendants about the current of electricity, on the poles or stay wires and when the defendants come to know about the danger, they informed the villagers to keep precautions and not to allow cattles or persons to come near the electric poles or stay wires. In the present case as soon as the defendants came to know about the current-in G.S.S. lines, the officials of the defendants immediately cut the electricity line. In the present case as soon as the defendants came to know about the current-in G.S.S. lines, the officials of the defendants immediately cut the electricity line. It was also alleged in the written statement that even if the she-buffaloes died which is a loss to the plaintiff but there is a case of contributory negligence as it was the duty of the plaintiff also to keep the cattles in his control. The cost of she-buffaloes disclosed in the plaint was alleged to be excessive and exorbitant. 4. On the pleadings of the parties, the learned trial Court framed as many as 4 issues, focusing the attention of the parties to adduce evidence in support of their respective claims. 5. In support of his claim the plaintiff examined PW 1- Bhanwar Lal, PW 2- Polu and submitted Ex. 2 to 4 and in rebuttal defendants examined DW 1- R.C. Choudhary, DW 2- Devendra Swaroop Mathur, DW 3, Mohammad Hasan and DW 4- Shri Bhanwari Lal. 6. After analytical discussion of the oral and documentary evidence on record, the learned trial Court decreed the suit of the plaintiff to the tune of Rs. 6,000/-. 7. Aggrieved against the aforesaid judgment and decree, decreeing the suit for compensation for Rs. 6,000/- in favour of plaintiff-respondent, the present appeal has been filed. 8. Learned counsel Mr. Pravin Jain, holding brief of Mr. Narendra Jain Simultaneously urged before me that in the present case the plaintiff/respondent has miserably failed to establish that his two she-buffaloes were died due to touch of electricity wires, poles or stay wires. Shri Jain emphasised that filing of the postmortem report of two she-buffaloes is not sufficient to prove the death of them. Shri Jain further argued that the postmortem report would remain inadmissible unless the Doctor who prepared the postmortem report of these two she-buffaloes is examined in the Court. In reply it is argued by the learned counsel for respondent with equal vehemence that several attempts were made by the plaintiff to serve the Doctor who refused to appear before the Court. 9. Be that as it may, a close scrutiny of the judgment given by the learned trial Court reveals that the learned trial Court itself has not placed reliance on the postmortem report. 9. Be that as it may, a close scrutiny of the judgment given by the learned trial Court reveals that the learned trial Court itself has not placed reliance on the postmortem report. Here in the present case, the learned trial Court has placed reliance about the cause of death of two she-buffaloes on the oral statements of PW 1 Bhanwar Lal as well as PW 2 Polu. In my considered opinion, the death of these two she-buffaloes can be proved by oral evidence provided it is found to be reliable. The postmortem report of these two she-buffaloes is only a link evidence. The finding recorded by the trial Court to the effect that plaintiff's two she-buffaloes died due to electricution is eminently just and proper and is found to be based on admissible oral evidence with which I am at one. 10. It is next contended by Shri Jain, counsel for appellant that the plaintiff-respondent himself is guilty of contributory negligence. He ought to have kept his two she-buffaloes away from the electric poles and stay wires to avoid its death from electricution. 11. I am not satisfied with the aforesaid contention of the learned counsel for appellant in view of the mandatory provisions envisaged under sub-rule (2) of R. 90 of Indian Electricity Rules, 1956 framed under the Indian Electricity Act, 1910 which clearly provides that "each stay wire shall be similarly earthed unless an insulator has been placed in it at a height not less than 3.0.18 meters (10 ft) from the ground." The aforesaid Rules further provides under sub-rule (d) of R. 2 that "Earthed or connected with earth means connected with the general mass of the earth in such a manner as to ensure at all times an immediate discharge of energy without danger." 12. In view of the aforesaid mandatory provisions it was obligatory on the part of the defendant-appellants to install the electricity pole and stay wires in such a manner as to ensure at all times an immediate discharge of energy without danger. In the present case, I found that the defendant-appellants miserably failed to follow the statutory provisions discussed above. 13. It is to be noticed that at some conspicuous places, the defendants are required to hang a notice-board giving a warning to others to keep away from the poles or stay-wires. In the present case, I found that the defendant-appellants miserably failed to follow the statutory provisions discussed above. 13. It is to be noticed that at some conspicuous places, the defendants are required to hang a notice-board giving a warning to others to keep away from the poles or stay-wires. No evidence whatsoever has been adduced in this case on behalf of defendant-appellants to this effect that such step was taken by them.As a result of aforementioned discussions, the instant First Appeal lacks merit and it is hereby dismissed. Cost easy.Appeal Dismissed. *******