SANJAY KALUBHAI MAKWANA Vs. PASCHIM GUJARAT VIJ COMPANY

JUDGEMENT

(1.) The captioned appeal has been filed by the appellant praying for quashing and setting aside the judgment and decree dtd. 18/3/2013 passed by the learned Principal Senior Civil Judge, Junagadh in Special Civil Suit no.72 of 2008 whereby, against the claim of Rs.10,00,000.00 of the appellant, Rs.5,76,635.00 has been awarded. The appellant further prays that the appellant is entitled for the remaining amount of Rs.4,23,365.00 together with interest at the rate of 9% instead of 6% for the entire amount.

(2.) Facts, in nutshell, are that:

(3.) Mr.Shivang Thacker, learned advocate appearing for the appellant took this Court to the judgment dtd. 18/3/2013. It is submitted that the issues were framed vide Exhibit 32, namely, (i) whether the appellant proves that the contractor has employed the appellant on a monthly salary of Rs.3000.00 for the purpose of Medarda sub-division? (ii) whether the appellant having sustained electric shock while doing work related to fuse because of the negligence of the respondent nos.1 and 2 and according to which, accident has taken place and during the treatment, to save the life, that both the arms of the appellant were amputated; (iii) the third issue was about proving the negligence of the respondents and the appellant having suffered disability and for which, the appellant is entitled for compensation of Rs.10.00 lacs.