DISTRICT DEVELOPMENT OFFICER, RAJKOT Vs. GULABBEN RASIKBHAI VANALIYA

JUDGEMENT

(1.) The present Second Appeals are filed under Sec. 100 of the Code of Civil Procedure, 1908 (for short "CPC") challenging the judgement and decree passed in Regular Civil Appeal No. 39 of 2024, and Second Appeal No. 351 of 2025 is filed, challenging the judgement and decree passed in Regular Civil Appeal No. 38 of 2024 passed by the 13th Additional District Judge, Rajkot.

(2.) For the sake of brevity and convenience, the parties are referred to as per their original status as that in the suit.

(3.) The brief facts giving rise to both these Second Appeals are as follows: On 19/5/2013, at about 5:30 p.m., the original Plaintiff's wife, Manuben, along with their minor children, Artiben and Dhaval Rasikbhai Vanaliya, were filling water from a government water tank when the surrounding wall of the tank, suddenly collapsed. The debris fell upon Manuben and the two minor children, trapping them beneath the rubble and causing severe injuries. As a result of the grievous and life-threatening injuries sustained, Manuben succumbed during medical treatment on 24/5/2013, while the minor child, Artiben, suffered multiple fractures to her right leg and serious injuries to her head and back, and the minor Dhaval also sustained severe bodily injuries.