LAWS(GJH)-2013-2-528

PASCHIM GUJARAT VIJ COMPANY LIMITED Vs. KADVABHAI LAXMANBHAI

Decided On February 11, 2013
PASCHIM GUJARAT VIJ COMPANY LIMITED Appellant
V/S
Kadvabhai Laxmanbhai Respondents

JUDGEMENT

(1.) THIS appeal under Section 100 of the Civil Procedure Code is filed by the original defendant against whom the respondents original plaintiffs filed Special Civil Suit No.2 of 2000 praying for awarding compensation of Rs.3,50,000/ - for the death of deceased Kadva Lakhman, who was husband of the plaintiff No.1 and father of rest of the plaintiffs.

(2.) THE case of the plaintiffs in the suit is that deceased Kadva Lakhman had gone to his field on 10.03.1996 for doing agricultural work and at that time he came into contact with live wire lying on the field, as a result of which, he received electric shock and died.

(3.) THE suit was resisted by the defendant denying the allegations of the death of deceased Kadvabhai because of electric shock from live wire and also denying the negligence on the part of the defendant company. The suit was also opposed on the issue of quantum of compensation claimed in the suit.