JUDGMENT 1. - This first appeal is arising out of the judgment and decree dated 19.05.2005 passed by the learned Additional District Judge, Nathdwara in Civil Original Case No.25/2002 Smt. Kailash Kunwar & Ors. v. Mangi Lal & Ors. whereby, the claim petition filed by the legal representatives of the deceased Government servant was allowed and the award of compensation of Rs. 4,59,205/- was passed in favour of the claimants. 2. The present first appeal has been filed by the appellant defendant Ajmer Vidyut Vitran Nigam Limited ('AVVNL') against the aforesaid judgment and award dated 19.05.2005. 3. On the perusal of the record, it is noticed that the Court below has awarded the compensation of Rs. 4,59,205/- in favour of the claimants on account of death of Laxman Singh, a police constable, on 07.07.2002 when he was on duty and chasing certain thief or other unsocial elements on the mid-night of the said date 07.07.2002 when he ran over the naked power supply wires and on account of electrocution, the police constable lost his life. The claim petition (No. 25/2002) has been filed under the provisions of Fatal Accidents Act to the extent of Rs. 20,70,000/- by the legal representatives of the deceased police employee Laxman Singh, comprises his widow Smt. Kailash Kunwar, two daughters, Sarita and Mamta, one son, Mahendra Singh, father of the deceased, Ratan Singh and mother of the deceased, Smt. Kaisar Kunwar. 4. After discussing the entire evidence led before the learned Court below, the learned Trial Court has decided the main issues in favour of the claimants and on the basis of the monthly salary of the deceased Government servant Laxman Singh, determined the total compensation of Rs. 8,40,616/- but after deducting Rs. 4,56,411/- received by the claimants out of Police Welfare Fund, State Insurance etc., the balance amount of Rs. 3,84,205/- along-with a sum of Rs. 75,000/- on account of loss of companionship in favour of the widow, thus, a total compensation of Rs. 4,59,205/- was arrived at by the learned Trial Court to be paid to the legal representatives of the deceased Government servant Laxman Singh. 5. The learned counsel Mr. 3,84,205/- along-with a sum of Rs. 75,000/- on account of loss of companionship in favour of the widow, thus, a total compensation of Rs. 4,59,205/- was arrived at by the learned Trial Court to be paid to the legal representatives of the deceased Government servant Laxman Singh. 5. The learned counsel Mr. Ravi Bhansali appearing for the appellant AVVNL argued that the power supply wires had fallen on the street on account of sudden short-circuit at the mid of the night on 07.07.2002 and, therefore, there was no negligence or tortuous liability on the part of the appellant AVVNL to give any compensation to the legal representatives of the deceased Government servant, a police constable on account of the death of the said person. 6. On the other hand, the learned counsel Mr. Sushil Solanki appearing on behalf of the claimants submitted that there was a clear negligence on the part of the employees and authorities of the appellant AVVNL (the erstwhile RSEB) to maintain the power supply wires in a proper condition and the deceased police constable Laxman Singh, while on his duty, chasing the thief or other unsocial elements at the mid-night of 07.07.2002, had touched and ran over the naked power supply wires and lost his life and, therefore, the compensation awarded by the learned Court below deserves to be paid to the legal representatives of the deceased Government servant Laxman Singh and there is no evidence brought on record by the defendant-appellant AVVNL that the said naked power supply wires had fallen on the street side only at the mid-night of 07.07.2002 and in absence of any specific or cogent evidence on the part of AVVNL, the appellant defendant AVVNL is liable to make good the said award and is also liable to pay compensation awarded by the learned Court below. 7. Having heard the learned counsels for the parties and upon perusal of the impugned judgment and award, this Court is satisfied that there is no evidence on record to take a different view of the matter than view taken by the learned Court below and in law, it is the duty of the authorities of the appellant AVVNL (the erstwhile RSEB) to maintain the power supply wires in proper conditions. Assuming for the argument's sake that the wires in question had fallen on the street side at the mid-night hours only on 07.07.2002, even then, the power supply ought to have been restored back by the said authorities by putting the power supply wires in a proper condition and the death of the person in the present case can only be described as negligence on the part of the appellant AVVNL. On the other hand, the deceased police constable Laxman Singh lost his life while doing his duty and unfortunately touched and ran over the naked power supply wires of the appellant AVVNL while chasing the thief or some other unsocial elements and in that process, met with the accident aforesaid and lost his life. There is no dispute that the learned Court below had determined the total compensation at Rs. 8,40,616/- but after deducting a sum of Rs. 4,56,411/- received by the claimants under relevant services rules and conditions, Police Welfare Fund, State Insurance etc., the learned Trial Court had awarded compensation of Rs. 3,84,205/- + Rs. 75,000/- on account of loss of companionship in favour of the widow. In view of this matter, this Court is of the considered opinion that the award in question deserves to be upheld and the remaining amount of compensation deserves to be disbursed to the claimants i.e., the legal heirs of the deceased Government servant, a police constable, Laxman Singh. Therefore, the interim order dated 06.02.2006 shall stand vacated and the money already deposited in compliance of the interim order and the balance amount which is required to be paid by the appellant AVVNL may be disbursed to the claimants, legal heirs of the deceased Government servant, a police constable Laxman Singh within a period of three months from today. 8. Accordingly and in view of the discussion foregoing, this first appeal is dismissed having no force at all. No costs. A copy of this order be sent to the parties concerned forthwith.Appeal dismissed. *******