USHABEN Vs. GENERAL MANAGER ONGC DELETED

JUDGEMENT

(1.) Ushaben- widow of Jashubhai Rana, original plaintiff No.1 and her two minor sons and daughter (at the relevant time) viz. Plaintiffs No.2, 3 & 4 have filed this appeal under Section 96 of the Code of Civil Procedure, against the judgment and decree/award dated 30/10/1985 passed by the learned Judge, City Civil Court, Ahmedabad, in Civil Suit No. 659 of 1981. By the impugned judgment, the learned Judge was pleased to partly decree the suit of the plaintiff and ordered that Defendant no.4-Oil and Natural Gas Commission (hereinafter referred to as ONGC) do pay to the plaintiffs and parents of deceased Jasubhai Rana Rs.1,07,000/- (Rupees one lakh seven thousand only) as damages together with the proportionate costs of the suit of the plaintiff and running interest at the rate of 6% p.a. from the date of pauper petition till deposit if made within four months and at the rate of 9% p.a. if made thereafter in the manner as stated hereinafter. Rest of the claim of the plaintiffs is dismissed.

(2.) The relevant facts giving rise to this appeal are as under, as stated in the plaint:

(3.) As regards evidence of Ishkumar Jatva Exh.82 on behalf of defendant he has stated that the accident took place on 31st October, 1979. He has described the manner in which the accident occurred. He has stated that there was no defect of the ONGC took place.