GUJARAT ELECTRICITY BOARD Vs. KANTILAL HANSRAJBHAI KANSAGRA

JUDGEMENT

(1.) The present appeal has been preferred by erstwhile Gujarat Electricity Board against the judgment and decree dated 21.6.1997 passed in Special Civil Suit No. 133/1992 by the learned Third Joint Civil Judge (SD), Junagadh by which the present appellant has been directed to pay the compensation of Rs.7,27,000/- with interest at 15% per annum with costs.

(2.) The appellant has submitted that the impugned judgment and decree is contrary to the law, facts and evidence on record. It is also contended that the learned trial Court ought to have appreciated the fact that admittedly the wire was not in broken condition and therefore, no liability can be fastened upon the appellant board. It is also contended that the learned trial Court ought to have appreciated that the plaintiff himself had tried to touch the electric wire and therefore, due to his own negligence the aforesaid incident occurred. It is further contended that even nature of injuries throw the light on truth that aforesaid incident had occurred while plaintiff was trying to touch the electric wire.. It is also contended that the learned trial Court ought to have appreciated the fact that electric current had passed through the palm of both the hands of the plaintiff which shows that he himself had tried to hold the wire, which has resulted into unfortunate incident. According to the appellant-original defendant, as per the admission of the plaintiff himself, the wire was passing at the distance of 8 ft. from the terrace wall and therefore, also defendant cannot be held liable for the aforesaid incident.

(3.) Heard Ms. Lilu Bhaya, learned advocate for the appellant through video-conferencing. None has appeared for respondent original plaintiff.