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NIKHIL S. KARIEL
Kajuben @ Shebanu, W/o. Gani Fakirmamad Sameja – Appellant
Versus
Chairman Gujarat Electricity Board – Respondent
JUDGMENT :
1. Heard learned Advocate Mr.Jayesh Dave for the appellants and learned Advocate Ms.R V Acharya for respondent Board in First Appeal No.2161 of 2002 and learned Advocate Ms.R V Acharya for the appellant Board and learned Advocate Mr.Jayesh Dave appearing with learned Advocate Mr.Yash Mohta for the respondents in First Appeal No.139 of 2003.
2. The appeals call into question the common judgement and order passed by the learned Civil Judge, Sr. Division, Anjar-Kutch dated 12.2.2002 in Special Civil Suit No.18 of 1999 and whereas, both the appeals are heard together by this Court.
3. Brief facts leading to filing of the present appeals being that the Special Civil Suit No.18 of 1999 had been filed by the original plaintiffs – appellants of First Appeal No.2161 of 2002 inter alia for compensation/damage of Rs.9,00,000/- from the defendant Board – respondent herein, in connection with the demise of the husband of the appellant No.1 and father of appellants No.2 to 8 on account of suffering electric shock. The defendant, at the relevant point of time, was the Electricity Board responsible for supplying electricity to the entire State of Gujarat.
3.1. The case of the original p
The main legal point established in the judgment is the court's authority to modify the lower court's decision on compensation based on the evidence presented and the application of legal principles.
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The duty of care owed by the Electricity Board in hazardous activities and the application of the multiplier method for determining the quantum of compensation.
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The main legal point established in the judgment is the application of the principle of res ipsa loquitur, the concept of strict liability, and the duty of the electricity department to maintain elec....
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