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2022 Supreme(Guj) 1647

SANGEETA K. VISHEN
Sanjay Kalubhai Makwana – Appellant
Versus
Paschim Gujarat Vij Company Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr AR Thacker , Shivang A Thacker
For the Respondent: Mr Premal R Joshi

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

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