JUDGMENT :

DIVYESH A. JOSHI, J.

1. In this case, the deceased came in contact with the live wire and met with the death due to electrocution, therefore, legal heirs of the deceased filed suit of tort for getting the amount of compensation from the respondent authorities. Notice was issued by the Honourable Court and the respondents appeared and raised their objections about the maintainability of the suit and denied the claim. Both the parties have laid evidence before the Court below and after considering and appreciating the evidence available on record, learned 3rd Additional Senior Civil Judge, Bhavnagar, has dismissed the suit on 11.01.2008.

2. Being dissatisfied and aggrieved with the said judgment and award passed in Special Civil Suit No. 156 of 2003, present First Appeal is filed by the legal heirs of the deceased by raising manifold grounds. Notice issued by this Court in present appeal is duly served upon the respondent and learned advocate, Ms. R.V. Acharya appears on behalf of the respondent electricity Board.

3. The facts of the case are narrated in nutshell as under:

3.1 On 04.09.2002, the deceased was returning back along with one Jinabhai Vaghabhai Gohil, who were interstate brother, after finishing their agriculture work from the field. At that time, suddenly, they heard screaming from Manjuben Shivabhai Gohil, who was caught in electric shock and current was passing through her body. Therefore, the deceased along with Jinabhai ran to save Manjuben and during this process of saving Manjuben, deceased also caught shock and fell on the ground. Thereafter, he was taken to Mansinghji Hospital for treatment, where he was declared ‘dead’. Admittedly, the accident happened due to sudden fall of electric wire, which is maintained by the respondent-department and the deceased died while trying to save Manjuben. That, the deceased was the only bread earner of the family and was earning Rs.3 to 3.5 lakh per annum.

3.2 In pursuance of aforesaid incident, the appellants preferred Special Civil Suit No. 156/2003 to get compensation of Rs.25 Lakhs on account of sad demise of the deceased, due to negligence of the opponent department in not checking and maintaining their electric wires, which can take away lives of people.

3.3 It is also stated that another Jinabhai Vaghabhai Gohil, who along with deceased, tried to save Manjuben had also died in the said incident due to electric shock. That, the legal heirs of said Jinabhai Vaghabhai Gohil also preferred Special Civil Suit No. 218/2003 before learned 8th Additional Senior Civil Judge to get compensation of Rs.13 lakhs on the same ground as mentioned by the present appellants in Special Civil Suit No. 156/2003. That, learned 8th Additional Senior Civil Judge by his order dated 31.12.2007 was pleased to award the compensation of Rs.3,19,000/- by partly allowing the suit and the said compensation was ordered to be paid along with the interest @ 8% per annum by the respondents and the said Suit was decreed accordingly.

3.4 It is also the case of the appellants that said Jinabhai Vaghabhai Gohil also died on account of sudden shock and that the deceased also died in the said incident on account of sudden shock and both of them were trying to save Manjuben. It is stated that though the facts and circumstances leading to death of said Jinabhai Vaghabhai Gohil and the deceased were the same, learned Civil Judge decreed one suit filed by the legal heirs of said Jinabhai Vaghabhai Gohil and dismissed another suit filed by present appellants, legal heirs of the deceased.

3.5 It is also stated that though the facts leading to filing of the suit by present appellants were similar, learned 3rd Additional Senior Civil Judge, Bhavanagar, by his order dated 11.01.2008 was pleased to dismiss the suit filed by present appellants. Being aggrieved and dissatisfied with the judgment and award dated 11.01.2008 passed in Special Civil Suit No. 156/2003 by learned 3rd Additional Senior Civil Judge, Bhavnaga