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2012 Supreme(Guj) 41

RAJESH H.SHUKLA
JAGDISHBHAI G. SHAH – Appellant
Versus
SANTOKBEN WD/O. B. H. NAI – Respondent


Advocates:
Advocate Appeared:
R. P. Desai. for Prashant G. Desai. for the Appellant.
Sandip C. Shah. for Defendant Nos. 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6.
None for Defendant Nos. 2, 4 and 5.
Hemant S. Shah, for Defendant No.3.
Ronak Raval, A.G.P., for the Appellant (In First Appeal No. 1391 of 1985)

JUDHMENT:

RAJESH H. SHUKLA, J. This group of First Appeals arise out of the impugned judgment and order passed by the City Civil Court, Ahmedabad, Court No. 13, in Civil Suit No. 1048 of 1981, by which the suit filed by the plaintiff has been decreed for recovering the amount of compensation for the negligence from defendant Nos. 1, 2, 3 and 4 jointly and severally of Rs. 1,25,000/- along with interest at the rate of 6 per cent from the date of the suit till the date of the judgment and at the rate of 9 % from the date of the judgment till realisation together with costs.

2. The facts of the case briefly stated are that the plaintiff-respondent in the present group of appeals was an employee of New Textile Mills, Ahmedabad, and was working as a Machine-man. The plaintiff, as an industrial worker, has been covered under the provisions of Employees' State Insurance Scheme" for which necessary identity card has been issued to him as provided under the E.S.1. Act, 1948. The plaintiff had developed cataract in his left eye for which he approached the Civil Hospital after he had visited the E.S.1. Clinic. He was advised to come after three weeks for the operation stating that the cataract






























































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