SANGEETA K. VISHEN
Sanjay Kalubhai Makwana – Appellant
Versus
Paschim Gujarat Vij Company Ltd. – Respondent
JUDGMENT :
1. The captioned appeal has been filed by the appellant praying for quashing and setting aside the judgment and decree dated 18.03.2013 passed by the learned Principal Senior Civil Judge, Junagadh in Special Civil Suit no.72 of 2008 whereby, against the claim of Rs.10,00,000/- of the appellant, Rs.5,76,635/- has been awarded. The appellant further prays that the appellant is entitled for the remaining amount of Rs.4,23,365/- together with interest at the rate of 9% instead of 6% for the entire amount.
2. Facts, in nutshell, are that:
2.1. The appellant was employed by the contractor i.e. respondent no.3 (who is sought to be deleted vide order dated 08.11.2022), to work for respondent nos.1 and 2. The unfortunate incident took place on 24.07.2007, when the appellant sustained electrocution and as a result whereof, both the arms of the appellant were amputated.
2.2. It so happened that on 24.07.2007, electric connection of consumer Dhanjibhai Ranchodbhai Domadiya got disconnected owing to transformer having been burnt, which required its replacement. At the instance of off
Pappu Deo Yadav v. Naresh Kumar reported in AIR 2020 SC 4424
National Insurance Company Limited v. Pranay Sethi reported in 2017 (16) SCC 680
K. Janardhan vs. United India Insurance Company Limited reported in (2008) 8 SCC 518
Pratap Narain Singh Deo vs. Srinivas Sabata reported in (1976) 1 SCC 289
Jithendran vs. New India Assurance Co. Ltd. reported in AIR 2021 SC 5382
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