GUJARAT ELECTRICITY BOARD Vs. DHANABHAI RAMABHAI

JUDGEMENT

(1.) BY way of this appeal under Section 96 of the Civil Procedure Code, the original defendants present appellants have challenged the judgement and decree dated 20.04.2001 passed by the 3rd Jt. Civil Judge (S.D. ), Rajkot in Motor Accident Claims Petition No. 40 of 1995 whereby the trial court directed the original defendants to jointly and severally pay a compensation of Rs. 4,00,000/- to the original plaintiff with interest at the rate of 15% per annum from the date of filing of the suit and thereafter interest at the rate of 12% per annum till the date of realisation.

(2.) THE original plaintiff opponent - now deceased (legal heirs are brought on record) had filed a suit claiming damages to the tune of Rs. 5 lakhs. It is the case of the opponent that while he was grazing cattle he was electrocuted and therefore became completely blind and his right leg sustained permanent disability. It is also the case of the plaintiff that he was earning Rs. 1000/- per month and because of the permanent disability he was not in a position to earn anything and therefore he filed suit for damages. THE trial court after hearing the parties passed the aforesaid award.

(3.) AS a result of hearing and perusal of records, this court is of the view that the factum of accident has been established and proved. From a perusal of records, it is borne out that the procedure of intimating the electrical inspector as provided under Rule 44 of the Indian Electricity Rules have not been followed by the department. The witness of Electricity Board has admitted that the report of checking of line of his appellate officer is not there on record. The trial court considering the statement of the witness of electricity board has come to the conclusion that the documents at Ex. 53 and 54 are concocted.