GEB Vs. NATHABHAI DEVDANBHAI

JUDGEMENT

(1.) Notice. Service of notice is waived by Mr. Desai for the respondents original plaintiffs.

(2.) By this appeal under Section 96 of the Civil Procedure Code, the appellants original defendants have assailed the judgement and decree recorded in Special Civil Suit No. 34 of 1997 dated 26.2.1999, whereby, the respondents herein original plaintiffs came to be awarded an amount of Rs. 3,32,000.00 with interest at the rate of 12% per annum from the date of suit till payment by way of compensation on account of untimely and premature death of an earning member of the family Nathabhai Devdanbhai in electrocution which occurred on 24.6.1996 in the field of the deceased. The original plaintiffs are heirs and legal representatives of the deceased Nathabhai Devdanbhai who claimed an amount of Rs. 7 lakhs as compensation. In support of the claim they placed reliance on the documentary evidence to which reference is made by us hereinafter at a proper stage and also on the evidence of original plaintiff No. 1 Sonbaiben Nathabhai, widow.

(3.) The defendants resisted the suit by filing written statement inter alia contending that there was no negligence or any responsibility on the part of the original defendants. The Trial Court, upon assessment and appreciation of evidence, decreed the suit for an amount of Rs. 3,32,000.00 against the original suit claim of Rs. 7 lakhs.