GUJARAT ELECTRICITY BOARD Vs. VIKRAM RAJABHAI VISANA

JUDGEMENT

(1.) Life of one Maniben Vikram, who was aged about 34 years was cut short by the cruel hands of destiny on 7.9.1992 at about 3.00 P.M. in Piatwadi in village Vaehhoda while she was busy in agricultural labour work on account of fall of live wire of the Gujarat Electricity Board ("GEB" for brevity). She was earning member of the family by doing cattle grazing, milk selling, poultry and agricultural operations. The impact of electrocution was so much bad that it entailed instantaneous death.

(2.) The respondents, who are the original plaintiffs claimed an amount of Rs. 4,20,000/- by way of compensation by filing Special Civil Suit No. 30 of 1993 in the Court of learned Civil Judge, Senior Division, Porbandar ("the Trial Court " for brevity inter alia contending that the death of Maniben was the outcome of the negligence on the part of the GEB and its personnel in not maintaining properly the wires and therefore, they contended that they are entitled to an amount of Rs. 4,20,000/-, as the deceased was young, energetic earning member of the family. According to the claimants the deceased was earning to the extent of Rs. 18,000/- per year.

(3.) The appellants were the defendants, who appeared and resisted by filing application, Exh. 26 wherein they have inter alia contended that live electirc wire was broken down on account of heavy wind in the open farm and the deceased came into close contact with the wire and suffered fatal injuries. Thus, according to the case of the GEB it was not a case of negligence or carelessness, but was a case of natural calamity and an act of God. The amount of compensatioin was also questioned.