BABUBHAI SHIVABHAI KOLI Vs. GEB

JUDGEMENT

(1.) Pending the appeal, the respondent no.1 GEB statutory body, so far as the present case is concerned, has become PGVCL. Learned advocate for the respondent seeks permission to amend the cause title. Permission is granted. Appellant to amend the cause title, accordingly.

(2.) Learned advocate Mr.Sandeep Bhatt, at the time of hearing has submitted that the appellant claimant have filed the present appeal mainly on three grounds. One, the learned trial court has committed serious error in failure to record finding about the age of the deceased. Secondly, serious error qua monthly income of deceased and the multiplier applied in the present case is erroneous and further deduction for expenses for self from the income of deceased is also erroneous. Lastly, it was submitted that learned trial court has committed error in awarding interest from the date of grant of pauper application. It was submitted that interest ought to be awarded on the compensation from the date of the filing of the suit and not from the date of grant of pauper application.

(3.) The accident had occurred on 13.05.1992. On the date of accident, the deceased was doing work concerning "capacitor" on electric pole at "Old Age Home" Morbi. The deceased was working on 11 KV electric line. While he was working and replacing the capacitor, all of sudden electric current had started pass through line. As a result of that deceased had received fetal injury. The respondent GEB has filed reply vide Ex.17 in brief. They have stated how the accident had taken place. It would appear that in substance the respondent alleges that how the accident may have occurred. Therein, the respondent does not urge total absence of liability. The appellant has filed relevant document in support of their case. The appellant has examined wife of the deceased and Dr. Jhala as their witnesses. On behalf of the respondent, one Ketan Gunwantrai Daftari is examined (Ex.113).