TORRENT POWER LIMITED Vs. RUNU GANGARAM DAKUA

JUDGEMENT

(1.) An incident had occurred on 28.6.1998 in which one Gangaram, resident of Halpati Colony, Gali No.16, while going to upstairs where he was residing got electrocuted as a result of which he died on the spot. The heirs and legal representatives of deceased Gangaram, i.e. wife and minor daughter, had filed Special Civil Suit No.157/2000 in the Court of learned Principal Senior Civil Judge, Surat, against the Electricity Company, then known as Surat Electricity Co. (now known as Torrent Power Limited) claiming compensation of Rs.7,20,000/-.

(2.) The Electricity Co. filed written statement wherein the principal contention taken is that, that in the present case the Electricity Co. has supplied electricity connection to its customer at the ground floor only and the extension of electric wiring is carried out unauthorizedly, without obtaining any permission/sanction of the Electricity Co. It is, inter alia, contended by the Electricity Co. in the written statement that it had issued electric connection to one Firozabanu vide Service No.297099; that the said connection was for ground floor only; that on the ground floor, one Kanucharan Shah was using one room with the electricity, in the name of K.C.Tailor; that extension of the wiring on the upstairs is without knowledge and consent of the Electricity Co. and it is illegal.

(3.) Before the trial Court, the plaintiffs examined two witnesses, they are, the wife of the deceased and maternal nephew of the deceased. It is the case of the plaintiffs that the deceased and the plaintiffs were residing with Devraj. On behalf of the defendant, one Executive (Meter) is examined at Exh.39. Besides oral evidence, plaintiffs had produced necessary documentary evidence vide Exhs. 43 to 49.