STATE OF GUJARAT Vs. DAYABEN DEEPAKKUMAR PRAJAPATI

JUDGEMENT

(1.) Present Second Appeal under Section 100 of the Code of Civil Procedure has been preferred by the appellant - State of Gujarat challenging the judgment and decree dated 20.03.2009 passed by the learned Additional District Judge & Presiding Officer, Fast Track Court, Anjar - Kutchh in Regular Appeal No.38 of 2008 in dismissing the same and confirming the judgment and decree dated 11.05.2007 passed by the learned Principal Senior Civil Judge, Anjar Kutchh in Civil Suit No.29 of 2004 awarding pension of Rs.2000/- per month to the original plaintiff as plaintiff has sustained injury at the time of disastrous earthquake which took place in the year 2001 and that original plaintiff has suffered paraplegia.

(2.) It appears that original plaintiff had sustained serious injury during disastrous earthquake which took place in the year 2001 and she was patient of paraplegia and despite application for pension which was required to be paid to her as per policy of the State Government, same was not paid, therefore, plaintiff filed Civil Suit No.29 of 2004 and the learned Trial Court by judgment and decree dated 11.05.2007 passed in Civil Suit No.29 of 2004 allowed the said Suit and directed appellants to pay pension to the original plaintiff at the rate of Rs.2000/- per month, which came to be confirmed by the learned Appellate Court.

(3.) Having heard Mr.Neeraj Soni, learned Assistant Government Pleader and Mr.K.M.Paul, learned Advocate appearing on behalf of original plaintiff and considering judgment and decree passed by both the Courts below, there are concurrent findings given by both the Courts below with respect to injury sustained by original plaintiff and entitlement of pension of original plaintiff as per the policy of the State Government, which are not required to be interfered by this Court in exercise of powers under Section 100 of Code of Civil Procedure. No substantial question of law arise in this Second Appeal which requires to be considered by this Court.