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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HEMANT M. PRACHCHHAK
Paschim Gujarat Vij Co. Ltd. – Appellant
Versus
Jetha Thawar Harijan Father Of Khimji Harijan – Respondent
JUDGMENT :
HEMANT M. PRACHCHHAK, J.
1. Present appeal is filed by the appellant-Paschim Gujarat Vij Co.Ltd. against the judgment and decree dated 24.7.2009 passed by the Principal Senior Civil Judge, Bhuj-Kachchh (hereinafter be referred to as the "trial Court") in Special Civil Suit No. 62 of 2006, whereby the trial Court has partly allowed the said suit filed by the plaintiff and awarded compensation to the tune of Rs.4,42,000/- along with interest at the rate of 9% in favour of present respondents.
2. The brief facts giving rise to the present case are that on 31.10.2004, the son of the present respondents, namely Khimji Jetha Harijan, was returning from Nara Dam after taking a bath. Around 14:15 hrs, while passing near the Dam, he reached the vicinity of an electrical pole. At that time, he received a severe electric shock from the wires of the said pole, sustaining serious injuries. During the course of treatment, he succumbed to his injuries on 02.11.2004 at G.K. Hospital, Bhuj.
2.1 Hence, the original plaintiffs-father and mother of the deceased had filed Special Civil Suit No. 62 of 2006 for damages, before the trial Court, Bhuj at Kachchh.
2.2 The original defendants were appea
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