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2005 Supreme(Guj) 830

K.M.MEHTA, R.S.GARG
USHABEN – Appellant
Versus
GENERAL MANAGER, ONGC-DELETED – Respondent


Advocates Appeared: K.F.DALAL, RAJNI H.MEHTA

K. M. MEHTA, J.

( 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 and 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:" (1) One Shri Jashubhai Rana (deceased) ? husband of Ushaben plaintiff No. 1 wa









































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