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2020 Supreme(Guj) 339

A.P.THAKER
Paschim Gujarat Vij Company Ltd (Earlier Gujarat Electricity Board) – Appellant
Versus
Tejiben W/o Lala Jeram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR PREMAL R JOSHI
For the Respondent:MR. AADIT SANJANWALA, ADVOCATE FOR MS MEGHA JANI

JUDGMENT :

1. Being aggrieved and dissatisfied with the judgment and decree dated 29.4.1995 passed by the learned Civil Judge (Senior Division), at Khambhalia in Special Civil Suit No. 13 of 1989 awarding compensation of Rs. 8,20,160/- to the original plaintiff-respondent herein, the Appellant, which was earlier known as G.E.B, and is now known as Paschim Gujarat Vij Company Limited, has filed this Appeal under Section 96 of the Code of Civil Procedure.

2. The brief facts of the Civil Suit is that the deceased was going to his field for round as a daily routine in the morning at 8.00 a.m., on the fateful day, a live electric wire was lying on the ground and due to electrocution, he died. The heirs of the deceased Mr. Lala Jeram filed Special Civil Suit No. 13 of 1989, inter alia, narrating various aspects and claiming compensation of Rs.10 lakh with interest from the Appellant herein.

3. During the course of proceedings in trial Court, both the sides led evidence and after hearing both the sides, the learned trial Court awarded Rs.8,20,160/as compensation with interest at the rate of 15% thereof.

4. On the basis of the averments made, the learned trial Court has framed the following is

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