JUDGMENT : G.R. Moolchandani, J. Challenging the validity of judgment and decree dated 22.09.1998 passed by the learned Additional District Judge, Neem Ka Thana, Sikar in Civil Suit o.43/1995, instant appeal has been filed. Facts relating to filing of the suit disclose that respondents-plaintiffs filed a damages' suit under the provisions of fatal accident claim seeking damages for Rs.16 lakhs owing to accidental demise of Smt. Sharbati W/o Shivnath and mother of rest of the plaintiffs by electrocution after coming into contact with live electricity wires, which were lying spread in the field, while deceased was going for attending natural call. FIR No.161/1994 was also lodged, which was inquired upon under the provisions of Section 174 Cr.P.C. 2. The appellant-defendant Electricity Board denied contentions raised in the suit and pleaded non-negligence and prayed for dismissal of the suit. 3. Going through the pleadings, the learned trial court framed three issues:- "(i) Whether Smt. Sharbati died of electrocution on 15.09.1994 because of recklessness of defendant? (ii) Whether plaintiffs are entitled to receive a compensation of Rs.16 lakhs from the defendants? (iii) Relief." 4. The said suit was culminated with a decree of Rs. One lakh towards compensation in favour of the plaintiffs against defendants with an interest @ 12% per annum. 5. Learned counsel for the appellants-defendants has argued that there was no recklessness on part of the Electricity Board and no negligency was proved against appellants defendants, despite learned trial court has wrongly saddled damages upon appellant-company, which is not tenable under the eye of law because alleged incident, if any, could be seen to have been occurred under the wish of almighty being an "act of God" and no liability can be attributed on the shoulders of board for the said incident, damages are exorbitant and arbitrary, which are liable to be quashed, hence the appeal be accepted and the impugned judgment be set aside. 6. Learned counsel for the respondent-plaintiffs has argued that the learned trial court has not fallen in error and has correctly held appellant-Board liable for the negligence, and resultantly causing death of a young lady, whose entire family has ruined because of her sudden demise but learned trial court has awarded damages in a very low side and has passed decree for Rs. One lakh only, which is also very low, considering the damage caused so it be enhanced, the appeal does not have got any merit so it be dismissed. Heard both the sides and perused the record. 7. Evidence part of the trial court reveals that PW-1 Shivnath Saini, husband of deceased lady has said that the incident belong to 15.09.1994, electric transmission line was installed over the fields of Sua and Radheshyam in village Dhani, Fateh Singh Ki Tan Maunda Khurd, Tehsil Neem Ka Thana, District Sikar, wires were lying broken on the field, he has further said that his wife Sharbati had gone for defecation, while passing through, live wire got touched her. She felt unconscious and electric wires got placed upon her hand. Small baby Suman came and asked that her mother did not come back, so he went to look-after her towards field. Baby Suman also went, who after detecting her body being lying there, cried aloud, we brought her to Neem Ka Thana, where doctor declared that she was no more. He has further said that thereafter police was called and two days earlier, information's regarding breaking of electric wires were given but Maunda people did not care and also lodged complaint at Neem Ka Thana but nobody cared and incident occurred. Had linemen attended the grievance or would have shut-down supply, then his wife could have been saved. Sharbati 45 years old, was engaged in looking after homely affairs and agricultural work and he used to stay out, he has further said that he was having five kids, three sons and two daughters. Had his wife survived, she would have lived for 35 years more and after her demise, his domestic and peasantry work has suffered with loss to kids' care and has said that he has lodged a claim for Rs.16 lakhs as damages. Pertaining to documentary evidence, he has ratified letter for panchayatnama Ex.1, morgue report Ex.2, panchayatnama Ex.3, spot map Ex.4, postmortem report Ex.5, spot photographs Ex.6 to Ex.1. He has further said that panchayatnama and spot map were drawn before him, nothing abnormal has merged from the cross-examination of this witness. 8. Pertaining to documentary evidence, he has ratified letter for panchayatnama Ex.1, morgue report Ex.2, panchayatnama Ex.3, spot map Ex.4, postmortem report Ex.5, spot photographs Ex.6 to Ex.1. He has further said that panchayatnama and spot map were drawn before him, nothing abnormal has merged from the cross-examination of this witness. 8. PW-2 has also ratified occurrence of the incident and has said that more than three years have since passed, a broken electricity wire was lying in the field of Radheshyam and Sua, which was seen by him, a day before the incident, complaint was lodged with Electricity Board. He, Ramesh and Jagannath had gone to convey and lodge information. Current was running in the wire but Electricity Board people did not respond to take care of the same. Next day, Sharbati, wife of Shivnath Saini got electrocuted and died, while going to attend natural call. Shivnath was working outside, he has further said that Sharbati died because of negligency of the Electricity Board. Had the wire been maintained, then she should have been spared. She also used to look after entire homely affairs, in his cross-examination he has said that fact of breakage of wire was in the notice of the Electricity Board earlier to the incident, which was conveyed to linemen and they did not venture towards repair of wire nor came to secure but the electricity board people came, when she died, not earlier. Electricity line was not made off but was with current. 9. DW-1, lineman of Electricity Department Lalchand has said that on 15.09.1994, a "storm" had taken place, which caused breakage and falling of the wires, when they got information in the morning, they reached there and did not see anything there except broken wires and there was no negligency on the part of the Electricity Department. He too has said that no information regarding falling of wires were reported to them earlier. This witness has not narrated true facts because in his cross-examination he has said that information regarding breakage of wire was communicated next day on 10.09.1994, whereas in his cross-examination, he has himself said that incident of breakage of wire occurred on 15.09.1994 and he went there to attend the breakage and the same resulted because of a storm but instead of correct day, he has said that it was date of 10th day. 10. 10. Documentary evidence Ex.1-certified copy of application seeking panchayatnama addressed to S.H.O., PS Neem Ka Thana having endorsement of police; Ex.2- proceedings relating to Section 174 Cr.P.C. having endorsement of doctor; Ex.3-panchayatnama, which contains Panch opinion that deceased died of electrocution; Ex.4 relating to sketch of spot map showing breakage and falling of electricity wire between "T" to "T", which is shown on the fields of Radheshyam and Sua in morgue proceedings No.16/194 under Section 174 Cr.P.C.; Ex.5- postmortem of Sharbati W/o Shivnath Saini aged 45 years dated 15.09.1994 containing autopsy opinion that cause of death is electric shocks; apart from this six photographs of field are also corroborating the same. All these documentary evidence have properly been explained have been ratified by Shivnath Saini, husband of deceased lady Sharbati. 11. Supply of electricity is indispensable, hence its installation and wiring is also unavoidable but it is incumbent upon the Electricity Department to maintain their electricity wiring and installation and attend contingent breakage or destruction immediately to avoid loss to human lives and property and to eliminate probabilities of any such mishap, laying of cables underneath the subsoil or covering them with PVC insulation is also measures worth adoption, in order to keep human lives secure and property safe from damage. 12. There is specific evidence from the side of the respondents-plaintiffs that live electric wires were lying fallen in open fields and the same were complained-of with the linemen and officials of the Electricity Board but they recklessly did not attend the grievance and left the broken wires with live current. It is strange that after exposure or loss of lives of human beings and property, they rush to the spot and nothing preventive is undertaken or attended, to deter likelihood of mishaps. The respondents-plaintiffs have orally as well as through documentary evidence has succeeded in establishing factum of negligency as well as loss of life and deprivation of deceased Smt. Sharbati forever. 13. Entire evidence discussed above, is enough to establish that plaintiff-respondents have successfully proved their suit with positive evidence, appellant-defendant has also accepted incident of a storm causing damage to the wires and birds. Award of damages for loss of a human life can also not be termed to be in higher side but same rather appears to be in lower side. 14. Award of damages for loss of a human life can also not be termed to be in higher side but same rather appears to be in lower side. 14. Hence, this court does not find any perversity or infirmity in the judgment and decree passed so, affirms the same. 15. Therefore, the appeal lacks merit and is hereby dismissed.