EXECUTIVE ENGINEER Vs. JOTIA PARSING SAGADA

JUDGEMENT

(1.) First Appeal is already admitted by order dated 23/06/1999, but in Civil Application No. 5434/99 filed by the appellant for stay of the impugned decree, rule was issued making it returnable on 30/07/1999. Ad-interim relief was also granted on conditions stipulated in the said order and thereafter the said Civil Application was adjourned from time to time at the request of learned advocates. That is how the appeal with civil application is placed before the Court. In view of the joint request made by the learned Counsel for the parties, the appeal is taken-up for final hearing today.

(2.) By means of filing this appeal under section 96 of the Code of Civil Procedure, 1908, Executive Engineer (O & M) Division : Baharpura, Gujarat Electricity Board, Dahod has challenged legality of judgment and decree dated 22/01/1999 rendered by the learned 3rd Jt. Civil Judge (S.D.), Panchamahals at Godhra in Special Civil Suti No. 42/88 by which the appellant is directed to pay a sum of Rs. 2,62,000.00 together with interest at the rate of 12% per annum from November, 1985 till its realisation as damages to the respondent.

(3.) The incident in question took place on July 10, 1985. Minor Himraj Chunia, who was aged about 4 years, on the date of incident was going through farm of his maternal uncle situated in the sim of village Vankiya, Taluka : Dahod. In the farm, there was one electric pole. On the date of incident, wires were hanging from the pole, as a result, minor Himraj Chunia who was passing through the farm, came in contact with loose live electric wire and sustained injuries on his both palms due to electric shock. He also received other burn injuries because of electric shock. After the incident, minor was admitted in Dahod Government Hospital i.e. Cottage Hospital where his two hands were amputated from wrist. Regarding the incident in question, a police complaint was also filed with Dahod Police Station. According to grand father of the respondent, who was guardian of minor Himraj, the incident in question took place due to negligence on the part of the appellant. Under the circumstances, grand-father of minor Himraj, as guardian, instituted Special Civil Suit No. 42/88 in the Court of Civil Judge (S.D.), Godhra, District : Panchmahals and claimed damages of RS. 2,62,000.00 from the appellant under different heads. During the pendency of suit, grand-father of minor Himraj expired and, therefore, the present respondent was brought on record as guardian of the minor.