MANSUBA DESARUBHAI JESAR Vs. DEPUTY EXECUTIVE

JUDGEMENT

(1.) In this case, the deceased came in contact with the live wire and met with the death due to electrocution, therefore, legal heirs of the deceased filed suit of tort for getting the amount of compensation from the respondent authorities. Notice was issued by the Honourable Court and the respondents appeared and raised their objections about the maintainability of the suit and denied the claim. Both the parties have laid evidence before the Court below and after considering and appreciating the evidence available on record, learned 3rd Additional Senior Civil Judge, Bhavnagar, has dismissed the suit on 11/1/2008.

(2.) Being dissatisfied and aggrieved with the said judgment and award passed in Special Civil Suit No.156 of 2003, present First Appeal is filed by the legal heirs of the deceased by raising manifold grounds. Notice issued by this Court in present appeal is duly served upon the respondent and learned advocate, Ms.R.V.Acharya appears on behalf of the respondent electricity Board.

(3.) The facts of the case are narrated in nutshell as under:-